B. R. Darsena v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 637 of 2017 • B. R. Darsena S/o Bodman Darsena, Aged About 59 Years R/o Ram Nagar, Muktidham, Bhilai, Supela, District Durg (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Co-operative Societies Department, Through Secretary, OfÏce At Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (Chhattisgarh)

2. Chhattisgarh State Co-Operative Election Commission, Through : The Commissioner, OfÏce At Ghadi Chowk, Raipur, District Raipur (Chhattisgarh)

3. Returning OfÏcer, OfÏce At Chhattisgarh Co-Operative Credit Society Sector 1, Bhilai Nagar, District Durg, Chhattisgarh, Registration No. 2149.

4. Joint Registrar Co-Operative Societies, Division Durg, OfÏce At Maharaja Chowk, Borsi Road, District Durg Chhattisgarh.

5. Deputy Registrar Co-Operative Societies, Durg, OfÏce At Bunkar Sangh, Santrabadi, District Durg Chhattisgarh. ---- Respondent For Petitioner Mr. Praveen Dhurandhar, Advocate For Respondent /State Mr. Arun Sao, Dy. AG Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 17/3/2017

1. Heard.

2. The petitioner is aggrieved by rejection of his nomination paper

for contesting the election of delegates of C.G. Cooperative Credit Society, Sector 1, Bhilai Nagar (CG).

3. Admittedly, the petitioner has an alternative remedy of moving election dispute under Section 64 of the C.G. Cooperative Societies Act, 1960.

4. Illegal rejection of nomination paper is also one of the grounds, on which, the election can be called in question.

5. It is the settled law that in election matters, a writ Court should not interfere with the process of election when remedy of filing an election petition is available to the aggrieved party.

6. In view of the above, the writ petition is disposed of with liberty to the petitioner to move election petition in accordance with law. Sd/- Judge (Prashant Kumar Mishra) Shyna