Mathamani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3254 of 2020

1. Mathamani S/o Shyamsunder Aged About 51 Years Resident Of Village Sagundhap , Post Sankra (Jonk), Tahsil Pithora, District Mahasamund Chhattisgarh

2. Motilal S/o Daityaketan Aged About 50 Years Resident Of Village Chhawalipatera, Post Bhagatdevri, Tahsil Pithora, District Mahasamund Chhattisgarh

3. Vivekanand S/o Chandramani Aged About 54 Years Resident Of Village Dharampur, Post Paraswani, Tahsil Pithora, District Mahasamund Chhattisgarh

4. Sonsai S/o Firtu Aged About 33 Years Resident Of Village Latadadar, Post Bhagatdevri , Tahsil Pithora, District Mahasamund Chhattisgarh

5. Mukesh S/o Dwarpal Aged About 37 Years Resident Of Village Dharampur , Post Paraswani, Tahsil Pithora, District Mahasamund Chhattisgarh ---- Petitioners

Versus

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

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

3. The Deputy Registrar Cooperative Societies , Mahasamund , District Mahasamund Chhattisgarh

4. S.K. Dey Cooperative Extension Officer, Block Pithora, District Mahasamund Chhattisgarh

5. Mahendra Singh S/o Jawahar Singh Address Gramin Sewa Sahakari Samiti Maryadit, Sagundhap, Tahsil Pithora, District Mahasamund Chhattisgarh

6. Smt. Rajni Bai W/o Master Address Gramin Sewa Sahakari Samiti Maryadit, Sagundhap , Tahsil Pithora, District Mahasamund Chhattisgarh.

7. State Cooperative Election Commissioner Raipur Chhattisgarh ---- Respondents

For Petitioners :

Mr. Raghvendra Pradhan, Advocate For State :

Mr. Amrito Das, Addl. A.G.

For Respondent No. 7 :

Mr. Rajeev Shrivastava, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 07.01.2021

1. Heard.

2. In the present writ petition, the order under challenge dated 23.11.2020 has been passed under Section 53(1) of the Cooperative Societies Act 1960 and the reading of the order would show it is recorded that for want of quorum, the Board has ceased to operate 'otherwise' as the few of the members have resigned from the Board thereby quorum is not fulfilled.

3. In view of such fact, the order would be appealable under Section 70 of the Cooperative Societies Act 1960. The petitioner may avail the statutory remedy of filing the appeal before the appropriate forum within a further period of 30 days.

4. With the aforesaid direction/ observation, the writ petition stands disposed off. SD/-/- sd/- (Goutam Bhaduri) Judge Vishakha