Nafr High Court
Case Details
1 Digitally signed by RAGHVENDRA JAT 2025:CGHC:15083 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2803 of 2022 1 - Purushottam Dewangan S/o Radhelal Dewangan Aged About 49 Years Life Member Chhattisgarh Dewangan Samaj, R/o Ward No. 4, Sanjay Nagar Dewangan Para Bhilai, Supela, District : Durg, Chhattisgarh.
Legal Reasoning
2 - Chandrajeet Dewangan S/o Shri Budhram Dewangan Aged About 42 Years Member Of Chhattisgarh Dewangan Samaj, R/o Ward No. 65 Ashwani Nagar, Siltara, Raipur, District : Raipur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - Its Principal Secretary, Department Of General Administration, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur. 2 - Collector Raipur, District : Raipur, Chhattisgarh. 3 - Registrar Firms And Society, Indrawati Bhawan, Block -1, 3rd Floor, Naya Raipur, District : Raipur, Chhattisgarh. 2 4 - Chhattisgarh Dewangan Samaj Through - State President Ashok Dewangan, Registered Office At Nanki Smriti C-27, Rns Colony Tagore Nagar, Raipur, District - Raipur (C.G.) Present Address - House Of Engineer G.R. Dewangan, Ward No.19, House No. 112, Poonam Colony, Rajnandgaon, District - Rajnandgaon (C.G.). 5 - Shailesh Dewangan Senior Vice President, Chhattisgarh Dewangan Samaj, Registered Office At Nanki Smriti C-27, Rns Colony Tagore Nagar, Raipur, District - Raipur (C.G.) Present Address - House Of Engineer G.R. Dewangan, Ward No.19, House No. 112, Poonam Colony, Rajnandgaon, District - Rajnandgaon (C.G.). 6 - Chhagan Dewangan Secretary Chhattisgarh Dewangan Samaj, Registered Office At Nanki Smriti C-27, Rns Colony Tagore Nagar, Raipur, District - Raipur (C.G.) Present Address - House Of Engineer G.R. Dewangan, Ward No.19, House No. 112, Poonam Colony, Rajnandgaon, District - Rajnandgaon (C.G.). ... Respondent(s) For Petitioner(s) : Mr. Achyut Tiwari, Advocate. For Respondent(s)/State : Mr. Shreyansh Mehta, Panel Lawyer. For Respondents No. 4 : Mr. Ankush Soni, Advocate. & 6 3 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 28/03/2025 1. By way of this petition, the petitioners have prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records from the concerned respondents. 10.2 That, this Hon'ble Court may kindly be pleased to quash/set-aside the impugned notice dated 25.05.2022 (Annexure P/1) le declaration of election. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent no. 3 to conduct a fair enquiry in compliance of the complaints (Annexure P/4, P/5 and P/6) preferred by the petitioners in accordance with law. 10.4 That, this Hon'ble Court may kindly be pleased to direct the respondents to conduct a fair election of Chhattisgarh Dewangan Samaj by following the byelaws of the society after publication of fresh voter list allowing all the patron, life and general members of the society including petitioners in accordance with law. 10.5 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deem fit and appropriate, in favor of petitioner, in the interest of justice.” 2. Brief facts of the case, is that, the petitioners are the members of 4 Chhattisgarh Dewangan Samaj, since its foundation, which is a society registered under the Chhattisgarh Society Registration Act, 1973, having its registration no. D.R./Bhopal/11930. Since its registration the society was running peacefully, however, in the year 2008 when the respondents No. 4 to 6 took over the charge of the President, Vice President and Secretary respectively. There have been various irregularities committed by them along with other office bearers of the society which is harming the fame and reputation of the society. Respondents No. 4 to 6 are conducting the Election of the society in an arbitrary manner without following the due procedure and the by laws of the society and also they have not permitted the life members and general members of the society to vote and names of the petitioners and number of other members are missing from the voter list against which the petitioners and other members of the society have preferred various applications before the respondent No. 3- Registrar, Firms and Society, Indrawati Bhawan, Block-1, 3rd Floor, Naya Raipur, District-Raipur, C.G. but till date he has not taken any action. 3. Learned counsel for the petitioner submits that regarding the same issue now the matter has been seized by the respondent No. 3- Registrar, Firms and Society, Naya Raipur, District-Raipur, 5 C.G. and the relief which the relief sought by the petitioners can be adjudicated by the respondent No. 3- Registrar, Firms and Society, Naya Raipur, District-Raipur as such the petitioners at this stage don’t want to pursue this case, however, they are seeking a direction that the authorities before whom the case is pending may be directed to decide the petition within some stipulated period. 4. On the other hand, learned counsel for the State submits that after receipt of the complaint from the petitioners with a prayer to stay the election of the office bearer/ executive body of the Chhattisgarh Dewangan Samaj, the answering respondent No. 3 has immediately acted upon it and notices have been issued to the respondents No. 4 to 6 asking for explanation of the complaint made by the petitioners. He further submits that after hearing, the election of the office bearer / executive body of the Chhattisgarh Dewangan Samaj to be held on 19.06.2022 has been stayed vide order dated 15.06.2022. He further submits that so far as the prayer for inquiry is concerned, in this regard, it is submitted that since the inquiry as prayed for by the petitioner on the alleged irregularities committed by the respondents No. 4 to 6 involves disputed question of facts requiring leading of evidences
Decision
and the same cannot be adjudicated in the writ petition. However, it is respectfully submitted that the inquiry is still going on. 6 5. I have heard learned counsel for the parties and perused the material available on record. 6. Since the matter has been seized by respondent No. 3- Registrar, Firms and Society, Naya Raipur, District-Raipur, accordingly, respondent No. 3 is directed to decide the matter within some stipulated period. 7. It is made clear that this Court has not expressed any thing on merits of the case. 8. With this observation and direction, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat