Mitra Bhan Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 624 of 2017

1. Mitra Bhan Gupta S/o Late Shri Lingaraj Gupta Aged About 68 Years R/o Mitra Bihar Colony Bilaspur, Tehsil And District Bilaspur, Chhattisgarh

2. Amrit Lal Ananda S/o Late Shri G.C. Ananda Aged About 67 Years R/o Parijat Extension D-2, Nehru Nagar, Bilaspur, Tehsil And District- Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Cooperative Department Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh

2. Rajaya Sahkari Election Commission Of Chhattisgarh Raipur, District- Raipur, Chhattisgarh

3. Shri C.P. Bajpai, S/o Not Known, Aged About 45 Years, Returning Officer Bilaspur, Grah Nirman Sahkari Samiti Bilaspur, Chhattisgarh

4. Bilaspur Graha Nirman Sahkari Samiti Bilaspur, Through The Chief Executive Officer Bilaspur Graha-Nirman Sahkari Samiti Brahaspati Bazar Bilaspur, Tehsil And District Bilaspur, Chhattisgarh ---- Respondent For Petitioners Mr. M.D. Sharma, Advocate For Respondent /State Mr. Sangharsh Pandey, Dy. GA Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 17/3/2017

1. Heard.

2. Indisputably, the petitioners being members of the Cooperative Society, whose election is under challenge in the present petition, have an alternative remedy of preferring an election petition before the concerned Deputy Registrar, Cooperative Societies, under the provisions of Section 64 of the C.G. Cooperative Societies Act, 1960. Therefore, the present petition is not maintainable.

3. Accordingly, the writ petition is dismissed with liberty to the petitioners to raise election dispute before the competent authority. Sd/- Judge (Prashant Kumar Mishra) Shyna