High Court Of ChhattisgarhWPC/4649/2019disposed off

Laxmi Narayan Choudhary v. State Of Chhattisgarh

2019-12-19Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4649 of 2019

1. Laxmi Narayan Choudhary S/o Late Rajaram Choudhary Aged About 56 Years R/o Adarsh Gramya Bharti Vidyalaya, Tamnar, District Raigarh Chhattisgarh.

2. Gayaram Patel S/o Labhoram Patel Aged About 59 Years R/o Village Kohkuda, Tahsil Pithora, District Mahasamund Chhattisgarh

3. Tejram Nayak S/o Bodlal Nayak Aged About 52 Years R/o Sunder Nagar Raipur , District Raipur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Principal Secretary Department Of Commerce And Industries Mahanadi Bhawan Mantralaya , Naya Raipur Chhattisgarh

2. Registrar Firms And Societies, Indrawati Bhawan , Block 01, 3rd Floor, Atal Nagar, Nawa Raipur , District Raipur Chhattisgarh

3. Shri Deen Dayal Patel Chief Election Officer, Central Committee Election 2019, Secretary, Akhil Bhartiya Aghariya Samaj, Central Committee, Kelo Vihar , Raigarh Chhattisgarh

4. Shri Premshankar Patel President Akhil Bhartiya Aghariya Samaj, Central Committee, R/o Village Kohkuda, Tahsil Pithora, District Mahasamund Chhattisgarh

5. Chitranjay Patel President Candidate, Mahasachiv Akhil Bhartiya Aghariya Samaj , Central Committee, R/o Officers Colony, Sakti , District Janjgir Champa Chhattisgarh

6. Bhuneshwar Patel President Candidate, Senior Vice President Akhil Bhartiya Aghariya Samaj Central Committee, R/o Bangla Para, Raigarh Chhattisgarh.

7. Bhojram Patel President Candidate Daroga Para, Kotra Road , District Raigarh Chhattisgarh.

---- Respondent For Petitioner : Mr. Anand Dadariya Adv.

For State : Mr. Anshuman Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 19.12.2019

1. The limited relief that the petitioners have sought in the present writ petition is for an appropriate direction to the respondent No. 2 to consider and decide the application put forth by the petitioners dated 05.12.2019 and 10.12.2019 at the earliest.

-22. Counsel for the petitioners submits that the petitioners in fact are aggrieved by the manner in which the election for the Governing Body of Akhil Bhartiya Aghariya Samaj, Central committee is concerned.

3. According to the counsel for the petitioners, the whole election conducted by the respondents is malafide as it is in contravention to the by laws of the said society. The respondent No. 2 is supposed to take an early decision on the objection filed by the petitioners to avoid further complication.

4. The State Counsel does not oppose the same.

5. Accordingly, the writ petition is disposed of with a specific direction to the respondent No. 2 to ensure that before proceeding further with the election of the Akhil Bhartiya Aghariya Samaj Central Committee, respondent No. 2 should decide the applications of the petitioner dated 05.12.2019 ( Annexure P/7) & 10.12.2019 (Annexure P/9). Let the respondent No. 2 decide the same at the earliest preferably within a period of 30 days from the date of receipt of copy of this order.

6. It is made clear that this Court has not expressed any opinion on the merits of the case so far as objections filed by the petitioner is concerned.

Sd/- (P. Sam Koshy) Judge Jyotijha