Ifi_THE_HIGH_ COTJRT OF JUDICATURB AT BILA3Pm_iCHHATTISGAKH)_ WRIT PETITION No. 2-^~22/ QF 2001 PBriTIQI RBSPOIDEMS : ..•^> ^y >-^ ^'.. •<?<•- ^y "^- 'T^" c>-^ ^" <^ v\''' ^A^ \^/1 /../:M^ r^'st^i {^^^^ \' ^. ..^\ „. ^••^ '^ ^ .€\ ^" \K .^ .,^- \^ .----"' Terasram Chandra^ son of Bhagatram Chandra, aged about 33 years^ .issistant Teacher, Primary School, Uchlinga, VIkas Khand. Podi Upr6da,Dist? Kort3a(C.G). Vs. '" 1^ The Sfcate of Ghhattlsgam^ •-- ^•"'Lvp'"t 2* sri Narendra Chandrakar, ^,';*'^.^ j\ Prantadhyakshak, Chhattisgarh, Trutiya Varg, Shasklya Kapmachari Sangh, Baipur(C.G) 3. Sri Surendra Sharma,Adhyaksh, Chhattisgarh Tratiya. Varg Shasklya KMrmachari Sangh, Zilla S'nalma, Korba (C.G) 4<, Sri S-SoSom^anshi^ Nirwacnan^ Adhikari (C.G) Tratiya Varg, Shaskiya Karmachari Sangh, Zilla Korba (C.G). ^» Sri Suresh Upadhyay ,Adhyaksh 5 Ta'asil Shalma, Katghora, gilla Korba (C.G) 6. Sri 'Vibhuti Singa, Adhyaksn, (C.G.) Tmtiya Varg, Shaskiya Karmachari Sangh, Vlteas ISiand Sha.lma Podi Uproda, Zilla Korba(CG) ^" i^T- TITTOS~ra R^JSSI^E^^6^22Z^SLlHl»GO^TlTUTIOI^F_ISDIA i L-.-..--...-..--——.-- mws XI-HC.22 ^I^T^T f^^r'^iN IRW^fN .i'\_ -'^ "3-^ -qi^l^^ ^eir^^ I^TCTgt ^.^^^fw NW^n^HS^' ^3. ^. r>o- 2L.^ "TFt 200 '^r^?" ^¥ri^iw^fi^ 06/12/2001 :- Smt. Anju Ahuja, learnec| counsel for the petitionep, Shri Prashant Mishra, leo^ned counsel for respondents 3 and5. Shri Rajiv Shrivastava, le|3irned counsel for the State/respondent. Shri A.K. Dubey, learned jcounsel for the caveotor. Heard. The petitioner is takin^ by the Election Officer on 08/| President, Chhattisgarh Class-] is stated that it is a registeredj own bye-bws and copy of th^ ^mfeNh ^rn^ft fe^- T^ZR %3^NH3ti^T grievance against certain ciracular issued ,1/2001 for the purpose of eiection of Government Employees Association, It society. If that be sp, it must have its same as required under the reievant provisions of M.P. Society Regisl-rikaran Adhiniyam, 1973 must have been deposited or submitted to the ejffice of the Registrar. The grievance of the writ petitioner is that as a ^ondition was incorporated in para 5 of the said circuiar to the effect thaf one should have life member-ship up to 15th April, 2001 in order to cpntest guch election^ ^lecording to the petitioner this factwas not kno|^n to him earlier. He represented before respondeht6 who was the then ^resident of the said .society. It is stated ,1 •' • " - • :.; that respondent 6 in tum informed the writ petitioner that he himself was not aware of such requireiiient. Counsel for -t+ie petitioner submits •I . • • ' • •"' that there is ciear violation pf prindpies of naturai justice as the petitioner was not informed OJf the existence of such requirement as -j^Qas'dsjfaieJUfeurnemh^^ .,1 ^ ^I^T^ '^NT^IT^T ^Hi^i ^ift^ 3?li^^3(<*i ( ^I^^T ) ^ii^F'^TT^R^a were elected as Presidents ofl cb{<4f<rf<4l1 TTN^Tf ^ feT^t if^^K ^r'srf^Ff an^T It is stated that electi^n took place ond respondeh't^^qnd 5 unoppo^d as the petitioner different Blocks, Counsel fbr the petitioner submits that the saSfi respondents 3 and 5 were elected bould not participate in elections. In terms of Section 32 of the Mjotdhya Pradesh Society Registn^an ^. ^am, 1973 any such disbute which arises in su^lrf situation should be enquired into by th^ Registrar if reference isTn^e^by majority of the members of th^ governing body. The R^gistrar may also authorize some comp@ter|t officers to look into it. It \s contended that ^s^J^e^dispu^e cannot be settied by a writ ^purt ' .\ . 1 . . .. . c^-^^^-i inasmuch as the disputed facts |are involved in such present casey *hys /^<-1^ t^-L ^^ |^^ [ ^ \ •I '•--~ only competent officer/,cdnexan^ine such matter. Shri Rajiv Shrivastav^ submits that in fact if aggrieved by the findings of the Registrar ar|y such order passed by the Registrar is still appellable before the State under Section 40 of the said Adhiniyam. It appears that suc|i matter should be examined by the Registrar. Accordingly this petit|on is disposed of with t^c^frection that if approached by the wrjt petitioner in accordoin<;e with the provisions of Section 32 of t^ said Adhiniyam withirt seven days from today, the ftegistrar Fir|?is cxnd Societies shall proceed and examine to dispose of the m| within one month from the date Counsei for the pet results may be stayed. On the itter without delay and preferably of receipt of such representation. tioner submits that declaration of )ther hcxnd, Shri Prashant Mishra who appears on behalf of responde^ts 3 and 5 subntits that since the GRpRj—FS/'^-^/2edec-tjons'ewerenot opposed the results were immediately declared F XI-HC-22 '3~^"^TRT?P?, '^1?^, fN^RT^? 3Tiiw^5ra? NP^^T ^^gi^ "^ 20Q •f^^ST- ^T ^^^trr. ^^N"?^ v^. ^¥r'i^^R^tN <f^v quo as it exists at 11.45 Q.m^b^ ^T^oT^ W?^ ^ ^^ ^f^H '^^rf^PT^lt^T and they have assu|ned their offices. Let status-quo be mciintained as regards the posfs for which elections were held. Status- ^fc.lt^ Imaihfoined. Certified copy of this]order be supplied as per rules. Sd/- Chief Justice