Smt. Gesmoti Patel v. Laxmi Narayan Choudhary
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVIEW PETITION NO. 61 OF 2020 1.
Smt. Gesmoti Patel, W/o Shri Sushil Kumar Patel, aged about 53 years, Senior Vice President, Akhil Bhartiya Aghariya Samaj Central Committee, Kotra Road, Near Police Station, Raigarh (CG) 2.
Dwarika Patel, S/o Late Parikshit Patel, aged about 41 years, Treasurer, Akhil Bhartiya Aghariya Samaj Central Committee, Kotra Road, Near Police Station, Raigarh, District Raigarh (CG) ... Review Petitioners versus 1.
Laxmi Narayan Choudhary, S/o Late Rajaram Choudhary, aged about 56 years, R/o Adarsh Gramya Bharti Vidyalaya, Tamnar, District Raigarh (CG) 2.
Gayaram Patel, S/o Late Labhoram Patel, aged about 59 years, R/o Village Kohkuda, Tahsil Pithora, District Mahasamund (CG) 3.
Tejram Nayak, S/o Bodlal Nayak, aged about 52 years, R/o Sundar Nagar, Raipur, District Raipur (CG) 4.
State of Chhattisgarh, through Principal Secretary, Department of Commerce and Industries, Mahanadi Bhawan, Mantralaya, Naya Raipur (CG) 5.
Registrar, Firms and Societies, Indrawati Bhawan, Block 01, 3rd Floor, Atal Nagar, Nawa Raipur, District Raipur (CG) 6.
Shri Deen Dayal Patel, Chief Election Officer, Central Committee Election 2019, Secretary, Akhil Bhartiya Aghariya Samaj, Central Committee, Kelo Vihar, Raigarh (CG) 7.
Shri Premshankar Patel, President, Akhil Bhartiya Aghariya Samaj, Central Committee, R/o Village Kohkuda, Tahsil Pithora, District Mahasamund (CG) 8.
Chitranjay Patel, President Candidate, Mahasachiv, Akhil Bhartiya Aghariya Samaj, Central Committee, R/o Officers Colony, Sakti, District Janjgir Champa. 9.
Bhuneshwar Patel, President Candidate, Senior Vice President, Akhil Bhartiya Aghariya Samaj, Central Committee, R/o Bangla Para, Raigarh (CG) 10.
Bhojram Patel, President Candidate, Daroga Para, Kotra Road, District Raigarh (CG) ... Respondents For Review Petitioners :
Mr. Palash Agrawal, Advocate.
For Respondents-State :
Mr. Anshuman Shrivastava, Panel Lawyer.
Hon'ble Shri Justice P. Sam Koshy Order on Board /03/2020 1.
The present Review Petition has been filed seeking review of the Order dated 19.12.2019 passed by this Court in WPC No. 4649/2019. 2.
While disposing of the aforementioned Writ Petition, this Court had made the following observations against which the Review Petitioners seem to have been aggrieved of :- "Accordingly, the writ petition is disposed of with a specific direction to the respondent No.2 to ensure that before proceeding further with the election of the Akhil Bhartiya Aghariya Samaj Central Committee, respondent No.2 should decide the applications of the petitioner dated 05.12.2019 (Annexure P/7) & 10.12.2019 (Annexure P/9). Let the respondent No.2 decide the same at the earliest preferably within a period of 30 days from the date of receipt of copy of this order."
3.
Contention of the learned Counsel for the Review Petitioners is that the Review Petitioners are duly elected office bearers of the Akhil Bhartiya Aghariya Samaj Central Committee and that when the objection which the Petitioners in the aforementioned Writ Petition had filed before the Registrar, Firms and Societies, the Review Petitioners were not taken into confidence neither a copy of the said objection was served upon them and it is presumed that the Registrar may decide those applications of the Petitioners without calling upon the Review Petitioners. 4.
Learned Counsel for the Review Petitioners submits that to his instruction and information, the Registrar till date has not passed any orders as per the directions given by this Court and that the only relief which the Review Petitioners has sought for is that the Registrar while deciding the issue may consider the objections that the Review Petitioners have to the applications/objections that the Petitioners in the aforementioned Writ Petition have made before the Registrar vide their representations, dated 5.12.2019 and 10.12.2019. 5.
Given the said apprehension of the Review Petitioners and the grievance for which they have filed the present Review Petition, this Court is of the opinion that for redressal of their grievance, the order passed by this Court on 19.12.2019 in WPC No. 4649/2019 need not be recalled for a fresh hearing altogether. Since as per the instructions made available by the Review Petitioners no final order has been passed by the Registrar, their grievance can be simply redressed by permitting them also to approach the Registrar and appear in the proceedings initiated at the behest of the Petitioners in WPC No. 4649/2019 vide applications, dated 5.12.2019 and 10.12.2019, and the Review Petitioners also be granted an opportunity of hearing and also an opportunity to place their facts before the Registrar before taking a final decision on the said applications. 6.
With the aforesaid liberty, the Review Petition is disposed of. 7.
Let a copy of this Order be made a part of the record of WPC No. 4649/2019.
Sd/- (P. Sam Koshy) /sharad/ JUDGE