Dr. Rakesh Gupta v. Indian Medical Association

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5012 of 2021 Dr. Rakesh Gupta S/o Shri Sardari Lal Gupta Aged About 60 Years R/o Eye And Ent Hospital , Opposite New Bus Stand, Rc Towers, First Floor, Pandari Raipur Chhattisgarh ---- Petitioner

Versus

1. Indian Medical Association Chhattisgarh State Branch, 14-A House, CMD Chowk, Opposite Shiwa Hotel, Bilaspur Chhattisgarh

2. State Secretary cum Election Officer, IMA Chhattisgarh Branch, Tilak Nagar, Bilaspur Chhattisgarh.

3. State President IMA Chhattisgarh Branch, Tilak Nagar, Bilaspur Chhattisgarh.

4. Registrar, Firms and Society, Chhattisgarh, Indrrawati Bhawan, Nawa, Raipur, District- Raipur (C.G.) ---- Respondents For Petitioner :

Mr. Rahul Tamaskar with Ms. Madhunisha Singh, Advocates For State :

Ms. Akansha Jain, Dy. GA Hon'ble Shri Justice P. Sam Koshy Order on Board 06/12/2021 1.

Heard on I.A. No.2, which is an application for impleading the Registrar(Firms and Societies) as necessary party to the writ petition. The petitioner also prays for the amendment of the address of the respondent no.1.

2.

Not opposed by the State counsel.

3.

Accordingly, let necessary amendment be carried out during the course of the day.

4.

The matter pertains to the election to be conducted in the respondent no.1 Association and where the challenge is election schedule process initiated by respondent no.2 vide circular dated 13.10.2021. 5.

This Court finds that respondent no.1 Association is a body registered under provisions of Chhattisgarh Firms and Societies Act. The Registrar is the competent authority under the said Act and petitioner, it appears also have raised certain complaints with the Registrar, Firms and Societies in respect of the alleged elections being conducted by the respondent no.1 & 2 and also in respect of the certain illegalities and irregularities prevalent in the respondent no.1 Association. 6.

Given the fact that petitioner have already preferred complaint before the Registrar (Firms and Societies) under which the respondent no.1 Association is registered.

7.

The writ petition at this juncture accordingly stands disposed of directing the respondent no.4 to take appropriate decision on the said complaint on its own merits in accordance with law at the earliest preferably within a period of 30 days.

8.

With the aforesaid observation, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Rohit