Disposed

Ram Bishal Upadhyay v. Chhattisgarh State Cooperative Election Commission

Chhattisgarh HC9 Jun 2024WPC/173/2018

Case brief

AI extract

What is this about?

In a writ petition, the petitioner challenged the constitutional validity of Section 49(8) of the Chhattisgarh Co-operative Societies Act, 1960 and an impugned order dated 12.01.2018. The court noted that a Special Leave Petition regarding the impugned statute was already pending and disposed of the present petition without deciding the merits.

What the court decided

AI extract

Ram Bishal Upadhyay Vs Chhattisgarh State… — Cooperative Societies | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No.173 of 2018

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Ram Bishal Upadhyay S/o Late Shri K. R. Upadhyaya, Aged About 69 Years, R/o 218, Samta Colony Chirhuldih, Raipur, Police Station Saraswati Nagar Raipur District Raipur Chhattisgarh.

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---Petitioner

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Versus

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1. Chhattisgarh State Cooperative Election Commission, Through The Secretary Collectorate Chowk, Raipur District Raipur Chhattisgarh.

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2. The Commissioner, Chhattisgarh State Cooperative Election Commission, Collectorate Chowk, Raipur District Raipur, Chhattisgarh.

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3. The Registrar, Chhattisgarh State Cooperative Societies, Raipur District Raipur Chhattisgarh,

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4. The Deputy Registrar, Chhattisgarh State Cooperative Societies Raipur, District Raipur, Chhattisgarh.

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5. The Registration Officer, Samta Sahakari Grih Nirman Samiti, Samta Colony, Chirhuldih , Raipur , Police Station Saraswati Nagar, District Raipur, Chhattisgarh.

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6. Shri Ishwar Prasad Agrawal, Member, Samta Sahakari Grih Nirman Samiti, Raipur First Floor, 127, Samta Shopping Arcade, Samta, Colony Chirhuldih, Raipur Police Station Saraswati Nagar, District Raipur, Chhattisgarh,

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7. Shri Narayan Das Mohta, Member Samta Sahakari Grih Nirman Samiti Raipur, First Floor, 127 Samta Shopping Arcade, Samta Colony Chirhuldih Raipur, Police Station Saraswati Nagar, District Raipur, Chhattisgarh.

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8. Hanuman Prasad Agrawal, Member Samta Sahakari Grih Nirman Samiti Raipur, First Floor, 127 Samta Shopping Arcade, Samta Colony Chirhuldih Raipur, Police Station Saraswati Nagar District Raipur, Chhattisgarh.

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9. Shri Harish Agrawal, Member Samta Sahakari Grih Nirman Samiti Raipur, First Floor, 127 Samta Shopping Arcade, Samta Colony Chirhuldih Raipur, Police Station Saraswati Nagar District Raipur, Chhattisgarh,

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10. Shri Mukund Lal Dummani, Member Samta Sahakari Grih Nirman Samiti Raipur, First Floor, 127 Samta Shopping Arcade, Samta Colony Chirhuldih Raipur Police Station Saraswati Nagar. District Raipur, Chhattisgarh,

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11. State of Chhattisgarh, Through The Secretary, Co-Operative Department, Mahanadi Bhawan, Naya Raipur, District Raipur. Chhattisgarh.

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---Respondents

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(Cause Title taken from Case Information System)

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____________________ For Petitioner	____________________________________________ :Mr. Kashish Saluja, Advocate on behalf of Mr. Prateek Sharma, Advocate,
For Resp. No.1,2 &5	:Mr. Sourabh Sahu, Advocate on behalf of Mr. Malay Shrivastava, Advocate,
For Resp. No.3,4 &11	:Mr. Sangharsh Pandey, Govt. Advocate

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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Sachin Singh Rajput, Judge Order on Board

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Per Ramesh Sinha, Chief Justice

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10.06.2024

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1. The petitioner is challenging the constitutional validity of Section 49(8) of the Chhattisgarh Co-operative Societies Act, 1960 amended by Chhattisgarh Amendment Act No.6 of 2013, published in the C.G. Rajpatra (Asadharan) dated 13.02.2013 which came into effect from 13.02.2013, being violative of Article 243ZK(1) of the Constitution of India.

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2. The petitioners have filed this petition seeking following reliefs:-

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10.1 The Hon'ble Court may kindly be pleased to declare the Section 49(8) of the Chhattisgarh Co-operative Societies Act, 1960, amended by Chhattisgarh Amendment Act No.6 of 2013, published in the C.G. Rajpatra (Asadharan) dated 13.02.2013 ultra vires to the Constitution of India, to the extent it is contrary to Article 243 ZK (1) of Constitution of India.

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10.2 The Hon'ble Court may kindly be pleased to set aside the impugned order dated 12.01.2018 passed by the respondent Commissioner of Co- operative Election Commission being without any authority and jurisdiction, in the interest of justice.

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10.3 The Hon'ble Court may kindly be pleased to direct the respondents to immediately conduct the Election of Board of Directors of Samta Sahakari Grih Nirman Samiti, Raipur immediately without any further delay and the strictures may kindly be passed against the responsible person/officer/authority for violation of Constitutional Provision Article 243ZK(1), in the interest of justice.

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10.4 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deem fit and appropriate.

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10.5 Cost of the petition may also be given.

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3. Learned counsel for the petitioner submits that with regard to the prayer made in the present petition, the S.L.P. is already pending being S.L.P. No. 32987/2018.

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4. in view of the same the present petition is consigned to record leaving it open to the petitioner to take appropriate measures if he is aggrieved for redressal of his grievance at appropriate stage.

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5. Accordingly, the petition is disposed of.

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Sd/Sd/(Sachin Singh Rajput) (Ramesh Sinha) Judge Chief Justice

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Prakash

Ram Bishal Upadhyay v. Chhattisgarh State Cooperative Election Commission

Case brief

What is this about?

What the court decided

Ram Bishal Upadhyay v. Chhattisgarh State Cooperative Election Commission

Case brief

What is this about?

What the court decided

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