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Judgment
Hon’ble Shri Amitendra Kishore Prasad, Judge
Order on Board
By filing the present petition, the petitioner seeks a direction to the respondent authorities for expeditious completion of the pending election process of Balodabazar Vikas Khand Sahakari Vipanan (Marketing) Sanstha Maryadit, Balodabazar, District Balodabazar-Bhatapara (C.G.), which, according to the petitioner, has remained incomplete since 2023. The petitioner has prayed for following reliefs:-
“10.1.This Hon'ble Court may kindly be pleased to Issue an appropriate writ, order or direction, particularly in the nature of Mandamus, directing the Respondent authorities to forthwith resume and complete the pending election process within a time bound period, for constitution of the Board of Directors of the Balodabazar Vikas Khand Sahakari Vipanan (Marketing) Sanstha Maryadit, Balodabazar, District Balodabazar-Bhatapara, Chhattisgarh, from the stage at which the election process was last stopped/halted, in the interest of justice.
10.2.This Hon'ble Court may kindly be pleased to direct the Respondent authorities, particularly the competent authority and the Returning Officer, to strictly comply with and give effect to the orders/directions issued by the State Cooperative Election Commission, Raipur, Chhattisgarh, for completion of the election process, and to conduct the remaining election process in accordance with the applicable statutory provisions, rules and prescribed procedure within prescribed period.
10.3.This Hon'ble Court may kindly be pleased to grant any other writ/writs, order/ orders, relief/ reliefs in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.”
Learned counsel for the petitioner submits that the election process was initially set in motion pursuant to the order dated 13.02.2023 issued by the State Cooperative Election Commission and, after completion of the requisite formalities, the petitioner and one Atmaram Sahu were declared elected unopposed on 06.03.2023. However, the election in respect of the remaining posts was repeatedly postponed and, despite subsequent directions issued by the State Cooperative Election Commission for completion of the election process, the same has not yet been brought to its logical conclusion. It is further submitted that on account of non-completion of the election, the duly constituted Board of Directors has not been formed and the functioning of the Cooperative Society has been adversely affected. Learned counsel, therefore, prays that necessary directions may be issued to the respondent authorities for completion of the election process within a stipulated period.
On the other hand, learned counsel appearing for respondent No. 2 submits that the election process is being proceeded with and, as and when the voter list is prepared, the election shall be conducted in accordance with the applicable rules and procedure. She submits that necessary steps shall be taken by the concerned authorities for completion of the election process.
Having considered the submissions made by learned counsel for the parties and upon perusal of the material available on record, this Court deems it appropriate to dispose of the present petition with a direction to the concerned respondent authorities to prepare the voter list in accordance with law and thereafter issue the necessary election programme/notice and conduct the election of the Cooperative Society in accordance with the applicable rules and procedure. The entire exercise shall be completed within a period of 60 days from the date of receipt of a certified copy of this order.
It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner.
With the aforesaid observations and directions, the instant petition stands disposed of. No order as to costs.