^"v ?.v. ^l ,t.--' S ,-m. ?^ -'"^^ JN T^| HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT APPEAL No. .-^O^- /2010 (Arising outofjudgmentand orderdated 22.06.2010 in WPC No.2880 of 2009 by the learned Single Judge) / Shirish Tiwari, s/o Late Shri Arun KumarTiwari, Aged about 34 years, r/o Village - Chhadiya, Post - Kharora, Block - Tilda, District - Raipur, [C.G.] sa-Appe F><E>i+io->->as=" Versus ^•1. 2. ,,»'",;iii 5Ster7'*'». fr^ivl J"Sf:^"%^ .»f <t TS- !'-6r7^Rt-;¥i.^l:/^i S 1 §tateotChhattisgarti Through Secretary Department of Co-operative Socities DKS Bhawan, Mantralaya, Raipur (C.G) AND Through Secretary General Adnninistration Department, DKS Bhawan, Mantralaya, Raipur (C.G.) Registrar of Co-operative Societies Raipur (Chhattisgarh) Zila Sahkari Kendriya Bank Maryadit, Raipur Through its Chief Executive Officer, Zila SahkariKendriya Bank Maryadit, Raipur, GERoad, Raipur(C.G.) ^.^!l's^ •ft^^-v**"^'^!?- •^^r^^~' Respondent No.1 Respondent No.2 Respondent No.3 x^5. Yogesh Chandrakar, S/o Late Phool Singh Chandrakar, R/oVillage, Post and P.S. - Palari, District - Raipur (G.G.), presently working as President, Zila Sahkari Kendriya Bank Maryadit, Raipur, District - Raipur (C.G.) Respondent No.4 1 ''' ' ' . . ' i Avinash Kumar Shrivastava, S/o Shri Bhagwati Prasad Shrivastava, Presentlyworkingas Chief Executive Officer, Zila Sahkari Kendriya Bank Maryadit, Raipur, District - Raipur (C.G.) Respondent No.5 © -6. / 8. Prabhat Rao, s/o not known tq the appellant Aged about not known, r/o notknown, Presentlyworking as Director Zila Sahkari Kendriya Bank Maryadit, Raipur, District - Raipur (C.G.) Respondent No.6 Trilochan Patel s/o notknown to the appellant Aged about notknown, r/o not known, Presentlyworking as Director Zila Sahkari Kendriya Bank Maryadit, Raipur, District - Raipur (C.G.) Respondent No.7 Pravin Chandrakars/o not known to the appellant Aged about not known, r/o not known, Presently working as Director Zila SahkariKendriya Bank Maryadit, Raipur, District - Raipur (C.G.) Respondent No.8 WRIT APPEALUNDER SECTION 2(1) OF THE CHHATTISGARH HIGH COURT (APPEAL TO DIVISION BENCH) ACT 2006 ^lsw^w^Wt^MW^ ^liWSW^} a-c3 HI®HCOURT OF CHHATTISeARH AT BXLASPUR &IVISION B6NCH: HON'BLE SHRI I.M.QU&&USI & HON'BLE SHRJ N.K. A6ARWAL. JJ. APPELLANT Pe-titioner RESPONOeNTS WRIT APPEAL N0.207/2010 Shiriah Tiwari \fs Stcte of ChhflttiS9<>rh & 7 othftra Prasent; Mr. Prasun Bhuduri, A<fvocate for the d^>pellant. Miss Deepali Pandey, Panel L.awyer for the State. ORAL JU&&MENT (Passed on 06th July.2010) I.M. Quddusi. J; 1. Heard teurned counsel forthe parties at length. 2. This writ appeul has been,filed ogqinst th?..ttnpugnM order dated 22.6.2010 pcssed by the lettrnsd $ingleJ[u^g^in W.P. (c) No.2880/09. 3. The appellant contested the election on the post of the member of the society and was declared el'ect^d.. After the etection of the writ appellant,a coinplaint was made that brother of the writ appellant is already an empfoyee of the society and therefore, he js ineligjble to contest the election. Consequently, a show^cau^e notice was issued .on thejxidis of some enquiry report. 4. At the slwge- of sho^» jeause notiise, 1^» wrif appellcnt approached thjs. Court- by fiting the labove mention<[d writ petition which was dispojsed of by the learned Single Judge with the observation that since no action has.been taken on the basis of that enquiry report and <»nly a show caysci'iottce has been issued, the writ appellant herein may submit hls reply raising ull his grievances. ..^T- f^ 1S>>. :'' 1 •;t,g^l, •,-^ \OJ? ••^•^e^/ SO 5. We areulso of the opintffnthotl'l^.w'ritjBpp^Uim^llwty^t^ reply to the show ci^s® nfltice rajsing his coBtwitjons regording the facts as well as questions of law. 6. Leamed Single Judge has already directed that the Chief Executive Officer, bistrict Cooperstive Centniil ES^ink Rojpur, shall consider the case of the petjtioner/wpjt flippfeltan* <md pass appropriate orders after providin9 hjm ^pportynity of personol hearin9 olso. 7. Hoiiever, we further odd that in case thpjffrjt (M'pelloi'it fecl.s aggrieved by the decision of the Chief Exe^utive Officer. Oistrict Cooperotive .Central Bank Raipur, it will be af'en fer him to approach the appropriateforym nvailab.ie Aohiniunder the law. 8. In view of above, we are not inclined to interfere jn the impugned order dateid 22,6.2010 pa&StSidbythe teaFned_S(ngte Judge. 9. The writ petition js disppsed of accordingly. 10. Certified coov as oer rules. _.^z-.—^—-•—— -, ^-^— ^ Roshan/- Sd<- I.M.Quddusi Judge Sd/- N.K. Agrawal Judge