High CourtsSingle Bench(2026) 08 JH CK 1032

Enamul Haque vs The State of Jharkhand

Jharkhand High Court · Decided on 27 August 2026

HON’BLE JUDGES
Ananda Sen, J
RESULT
Disposed Of
CASE NUMBER
W.P.(C) No.6939 of 2025

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Judgment

15 paragraphs · 441 words

By filing this writ petition, the petitioner has prayed for the following reliefs:-

"for grant of an appropriate writ in the nature of Certiorari or an order or direction quashing an order dated 18.11.2025 (Annexure-10), passed by the Respondent no.2 in Misc. Appeal no.21 of 2025 whereby the order dated 14.11.2025 (Annexure8), passed by the Respondent no.3 in Misc case no.06 of 2025 has been stayed till further order and the election officer has been directed to conduct the election on the basis of voter list already published;

And For issuance of an appropriate writ in the nature of Mandamus or an order or direction commanding upon the Respondent to allow the Petitioner to participate in the process of election scheduled to be held on 3.12.2025;"

2.

Heard learned counsel representing the petitioner and learned counsel representing the respondents.

3.

Learned counsel representing the respondents submits that the Election has already been held before the order was communicated.

4.

Mr. Ashim Kr. Sahani, learned counsel representing the petitioner, opposes the aforesaid submission and submits that no Election has been held and rather what the respondents are submitting is nothing but a mere paper work, only to frustrate the order of this Court and to prohibit the petitioner to participate in the Election process.

5.

It is an admitted fact that membership of the petitioner from the Chotanagpur Regional Handloom Weavers Cooperative Union Limited, Ranchi (respondent No.4), had been cancelled.

5.1.

Being aggrieved by the aforesaid cancellation, the petitioner had filed an application being Misc. Case No.06 of 2025, before the Joint Registrar, Co-operative Society, South Chotanagpur Division, Ranchi (respondent No.3). The said challenge is still pending.

6.

Since the challenge is pending, whether the cancellation of membership of the petitioner was correct or was bad, is yet to be decided. Without deciding the aforesaid issue, once and for all, this Court cannot proceed any further in this case.

7.

Thus, I direct respondent No.3 - Joint Registrar, Co-operative Society, South Chotanagpur Division, Ranchi, to finally hear the parties and dispose the Misc. Case No.06 of 2025, within a period of twelve weeks, from today itself.

7.1.

Once the order is passed, the parties will be at liberty to avail appropriate remedy by filing an appeal, as provided under the Cooperative Societies Act.

7.2.

The issues which have been raised by the petitioner in this writ petition and the question about the validity of the Election, are kept open.

7.3.

The interim order dated 03.12.2025 passed in this case, stands vacated.

8.

With the aforesaid observations and directions, this Writ Petition stands disposed of.

9.

All pending interlocutory applications stand disposed of.