Shanti Lal Bardiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No.3409 of 2017 Shanti Lal Bardiya S/o Late Rang Lal Bardiya Aged About 72 Years R/o Maha Laxmi Cloth Market Pandari, Raipur District Raipur Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Department Of Cooperative Societies Mantralaya Mahanadi Bhawan New Raipur District Raipur Chhattisgarh.

2. The Registrar, Cooperative Societies Chhattisgarh , Indravati Bhawan New Raipur District Raipur Chhattisgarh.

3. Returning Officer, Amrapali Grih Nirman Sahkari Samiti Maryadit Raipur District Raipur Chhattisgarh.

4. Presiding Officer, Amrapali Grih Nirman Sahkari Samiti Maryadit Panchwati Naka Raipur District Raipur Chhattisgarh. --- Respondents For Petitioner :

Mr. Raghvendra Pradhan, Advocate For State :

Mr. Arun Sao, Dy.A.G.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14/12/2017 (1) This writ petition has been filed by the petitioner calling in question the election program for holding the election of the Amrapali Grih Nirman Sahkari Samiti Maryadit, Raipur.

(2) Learned counsel appearing for the petitioner would submit that without including the names of many members of the society the election program has been published and the election process is going on.

(3) Mr. Arun Sao, learned counsel appearing for the State would

submit that once the election program has been commenced after completion of all the formalities, the remedy which is available to the petitioner is to file election petition and as such the election process once commenced cannot be interfered with.

(4) I have heard learned counsel for the parties. (5) It is well settled law that once the election program is commenced after completion of all the formalities, the election process cannot be interfered with.

(6) Thus, the remedy of the petitioner is to file an election petition after completion of the election process questioning the election. (7) With the aforesaid observation, the writ petition is disposed of. Sd/- (Sanjay K. Agrawal) Judge L/-