Rajiv Choubey vs State Of Chhattisgarh

Aggrieved by the order Annexure P/1, dated 28.11.2022 passed by the respondent No.2, the preset writ petition has been filed. Vide the impugned order, the Respondent No.2 had directed the Returning Officer to consider the objection that have been raised by the private respondents No.4 to 7 in respect of their illegal expulsion from the membership of the Society and also they being deprived of participating in the election process.

Today when the matter is taken up for hearing it has been revealed that the election process was initiated at the behest of the respondent No.8-Society, who had on 10.06.2022 made a request for conducting of the fresh elections in the light of the tenure of the present Board of Directors/Office Bearers coming to en end on 28.11.2022. The respondent No.8 Society themselves had sent the list of voters and the proposal for conducting the elections in terms of the list so enclosed on 09.09.2022. Thereafter the Deputy Registrar had sent the proposal to the respondent No.2, the State Co-operative Election Commissioner on 07.10.2022. Thereafter on 12.10.2022 the respondent No.2 had appointed the Cooperative Inspector posted in the office of the Deputy Registrar, Co-operative Society Durg as the Returning Officer.

In terms of the same the election programmes were drawn on 24.11.2022 by which the nominations are to be submitted by 04.12.2022 i.e. tomorrow and the voting is to be held on 11.12.2022. In between, certain developments took place wherein the petitioner herein who is the Ex-President of the society and others is said to have held an Annual General Meeting on 28.08.2022. In the said meeting itself they resolved for expulsion of the private respondents from the membership of the society and an order in this regard was issued on 02.11.2022 and 03.11.2022. These orders of expulsion of membership of the private respondents was immediately challenged before the Joint Registrar and where the appeal is pending consideration. Meanwhile, the respondent No.2 has on an objection raised by the private respondent issued the impugned order Annexure P/1.

Taking into consideration the authoritative decision in this regard rendered by the Co-ordinate Bench of this court in WPC No.43 of 2018 whereby it has been categorically held that once when the election programme stands notified, it cannot be stalled under any circumstances, this court as of date is of the opinion that the order under challenge Annexure P/1 dated 28.11.2022 therefore to the aforesaid extent would not be sustainable. The entire election process having been convened in terms of the proposal and voter list sent on 09.09.2022 by the respondent No.8-Society. Therefore, let the entire elections to be carried out keeping in view the said voter list sent by the Society on 09.09.2022 which it is said includes the name of the private respondents also. This thereby mean that the private respondents also would be entitled for participation in the elections which has been convened.

As regards the consequence of expulsion part is concerned, since this is a subsequent development and the expulsion part is already under challenge before the Joint Registrar, Co-operative Societies, the outcome of the election so far as these private respondents or any other members who stands expelled are concerned, the same would be subject to the outcome of the appeal to be decided by the Joint Registrar where the matter is pending.

With the aforesaid observations, the writ petition stands partly allowed and disposed of. The impugned order to that extent stands diluted so far as staying of the further election part is concerned.

Certified copy today.