Umashankar Shukla v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5172 of 2021 Umashankar Shukla S/o Late Shri Gajadhar Shukla Aged About 69 Years President - Bastar Jila Patrakar Sangh, R/o - Vardhman Colony Near Kishan Rice Mill, Jagdalpur District - Bastar (C.G.) ---- Petitioner

Versus

1. State Of Chhattisgarh Through - Through Secretory - Registrar Firms And Society, Indravati Bhawan Block-I, Third Four New Raipur (C.G.)

2. The Collector District- Bastar, Jagdalpur, District - Bastar (C.G.)

3. Ashotosh Duvedi (Adovocate), Nominated Election Officer For Bastar Jila Patrakar Sangh, Address- District Court Hall No.1, District Court Jagdalpur District - Bastar (C.G.) ---- Respondents For Petitioner/s :

Mr. Hemant Gupta, Advocate For State :

Mr. Chandresh Shrivastava, Dy. AG Hon'ble Shri Justice P. Sam Koshy Order on Board 20/12/2021 1.

The present writ petition seems to be challenging the validity and veracity of the order dated 30.10.2020 one passed by the respondent no.2 by constituting the Committee of Government Officers to conduct the Election of the Association of the Bastar Jila Patrakar Sangh. 2.

At the outset, this Court is of the opinion that the issue involved in the writ petition is not one which could be seized under the Writ Jurisdiction of this Court under Article 226 of the Constitution of India. The matter pertains to the election of the Patrakar Sangh which is a body registered under the Chhattisgarh Societies Registration Act, under the said Act, it is the Registrar of the said Societies Registration Act who had been given all the powers for redressal of the dispute and also for the conduct of an enquiry in respect of an elected body. Registrar also has a power to

constitute a Committee to manage an affair to the effect in the event the earlier office bearers become defunct or under any other circumstance. 3.

Given the fact that Societies Registration Act has a statutory provision for redressal of their grievances which the petitioner has not availed and petitioner has straightaway filed the present writ petition assailing the order of the Collector on the ground of the power and competence of the Collector. The said issue is also one which can be looked into by the Registrar which is the authority notified under the Act to redress the grievance in respect of the Societies registered under the Societies Registration Act.

4.

Reserving the right of the petitioner to avail such remedies available under the Act ventilating his grievances, the writ petition at this juncture stands rejected as not maintainable.

5.

Certified Copy today.

Sd/- (P. Sam Koshy) Judge Rohit