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High Court Of ChhattisgarhWPC/1775/2017dismissed

Usha Devi v. State Of Chhattisgarh

2017-07-03Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P. ( C ) No.

of 201 Usha Devi, W/o Late Tarkeshwar Prasad, aged about 70 years, R/o Village - Jamuwatand, P.S. & Tahsil - Balrampur, Distt- Balrampur- Ramnujganj (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, Through - The Secretary, Cooperative Society Mahanadi Bhawan, New Raipur, Distt. Raipur (C.G.)

2. State Co-oprative Election Commission, Raipur Near Collectorate Chowk, in front of Dr. B.R. Ambedkar Statue, Raipur, Distt.- Raipur (C.G.)

3. The Collector, Balrampur, District Balrampur - Ramanujganj (C.G.)

4. The Returning Officer Anusuchit Jati Seva Sahkari Samiti Mariyadit Balrampur, Distt. Balrampur- Ramanujganj (C.G.)

5. The President/Manager Anusuchit Jati Seva Sahkari Samit Mariyadit, Distt. Balrampur- Ramanujganj (C.G.) ---- Respondents For Petitioner:

Mr. A.N. Pandey, Advocate.

For Respondents/State: Mr. Arun Sao, Dy. Advocate General. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 0 3 /07/201 (1) The petitioner is challenging the election of Director, Anusuchit Jati Seva Sehkari Samiti Maryadit, Balrampur. (2) Learned counsel for the State would submit that remedy of raising dispute challenging the election is available to the petitioner under Section 64 (2)(v) of the Chhattisgarh Co-

operative Societies Act, 1960.

(3) Counsel for the petitioner submits that correct practice has to be adopted in the election.

(4) Be that as it may, since the remedy of raising dispute challenging the election is available to the petitioner under Section 64 (2)(v) of the Chhattisgarh Co-operative Societies Act, 1960, therefore, I am not inclined to entertain this writ petition and, therefore, the same is liable to be dismissed. (5) Accordingly, the writ petition fails and is hereby dismissed. However, the petitioner is at liberty to avail the remedy under the Chhattisgarh Co-operative Societies Act, 1960. Sd/- (Sanjay K. Agrawal) Judge D/-