Zila Sahu Sangh, Bemetara Vs State of Chhattisgarh

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1

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2026:CGHC:1541

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 92 of 2026

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1. Zila Sahu Sangh, Bemetara (Affiliated By Chhattisgarh Pradesh Sahu Sangh, Raipur (Reg. No. 33/61) Through Gendram Sahu, Age 58 Years, S/o Shri Rungoo Sahu, President Zila Sahu Sangh, Bemetara, R/o Village Shyampur Kapa, Post Hatranka, Block Saja, Tahsil Thankhamariya, Distt. Bemetara, Chhattisgarh.

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... Petitioner

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versus

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1. State Of Chhattisgarh Through The Secretary, Department Of Cooperative, Mantralaya, Atal Nagar, Nava Raipur, Distt. Raipur, Chhattisgarh.

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2. The Registrar Firms And Societies, Office Of The Cooperative Societies, Chhattisgarh, Indravati Bhawan, Block I, Third Floor, Sector 19, Atal Nagar, Nava Raipur, Distt. Raipur, Chhattisgarh.

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3. Chhattisgarh Pradesh Sahu Sangh Raipur, (Reg. No. 33/61), Office At Shri Bhamashah Hostel, Sahu Complex, Tikrapara, Raipur, Distt. Raipur, Chhattisgarh.

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4. Dr. Nirendra Sahu State President, Chhattisgarh Pradesh Sahu Sangh, Raipur (Reg. No. 33/61), Office At Shri Bhamashah Hostel, Sahu Complex, Tikrapara, Raipur, Distt. Raipur, Chhattisgarh.

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5. Shri Tularam Sahu Chief Election Officer, Zila Sahu Sangh Bemetara, Distt. Bemetara, Chhattisgarh.

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6. Shri Shantanu Sahu Observer, Zila Sahu Sangh Bemetara, Distt. Bemetara, Chhattisgarh.

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7. Shri Narad Sahu (President Declared On 09-12-2025), Zila Sahu Sangh Bemetara, Distt. Bemetara, Chhattisgarh.

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... Respondent(s)

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For Petitioner : Mr. Jitendra Nath Nande, Advocate For State : Mr. Rishabh Bisen, Panel Lawyer

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Digitally signed by MANISH MANISH YADAV YADAV Date: 2026.01.13 18:25:29 +0530

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Hon'ble Shri Justice Narendra Kumar Vyas

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Order on Board

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12.01.2026

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The petitioner has filed this writ petition under Article 226 of the Constitution of India alleging process adopted for conducting elections in Zila Sahu Sangh Bemetara by the respondent No. 3 to 6 contending that the petitioner is a society registered under the Chhattisgarh Societies Registration Act, 1973 (in short “Act of 1973”) known as Chhattisgarh Sahu Sangh later it was altered as Chhattisgarh Pradesh Sahu Sangh office at Shri Bhamashah Hostel, Sahu Complex, bearing registration No. 33/1961-62.

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Further contention of the petitioner is that a meeting was held on 26.08.2025 for preparation of election program, thereafter, a program was declared on 08.09.2025 regarding conduction of election, according to which the election will be conducted from 30.09.2025 to 30.10.2025 for election of various units, circle and Tahsil have also been notified in the program. In pursuance of that election program, proceedings were initiated, but before the election will be conducted as per scheduled program, the respondent No. 4 Dr. Nirendra Sahu who is State President of Chhattisgarh Pradesh Sahu Sangh Raipur ignoring the election program has conducted the election and accordingly respondent No. 7 was elected as President of the Zila Sahu Sangh Bemetara on 09.12.2025.

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The petitioner has raised dispute on 14.11.2025 regarding alleged shortcomings while conducting the election and in pursuance of

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3

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that the Registrar Firms and Societies has directed the respondent No. 4 to submit reply along with the relevant documents and though the proceedings were initiated. Hence this petition challenging the election.

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On the other hand, learned State counsel would submit that the petitioner has efficacious and alternate remedy to raising dispute before the Registrar, Firms and Societies constituted under the Act of Chhattisgarh Society Registration Act, 1973. Section 32 of the Act of 1973 empowers the authority to conduct the enquiry and settlement of the dispute raised before it. Section 32 of the Act of 1973 reads as under:

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“ 32. Enquiry and settlement of disputes. (1) The Registrar may, on his own motion or on an application made under subsection (2) either by himself or by a person authorised by him, by order in writing, hold an enquiry into the constitution, working and financial conditions of a society.

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(2) An enquiry of the nature referred to in sub-section (1) shall be held on the application together with an affidavit in support of its contents] of-a majority of the members of the governing body of the society; (a) (b) not less than one-third of the total number of members of the society. Or

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(3) The Registrar or the person authorised by him under subsection (1) shall for the purpose of an enquiry under this section have the following powers, namely:-

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(a) he shall at all times have free access to the books, accounts, documents, securities, cash and other properties belonging to, or in the custody of, the society and may summon any person in possession, or responsible for the custody of any such books, accounts, documents, securities, cash or other properties to produce the same, if they relate to the head office of the society at any place at the headquarter thereof and if they relate to any branch of the society, at any place in the town wherein such branch thereof is located or in his own office;

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(b) he may summon any person who he has reason to believe has knowledge of any of the affairs of the society to appear before him at any place at the headquarters of the society or any branch thereof or in his own office and may examine such person on oath; and

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(c) (i) he may notwithstanding any regulation or bye-laws

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specifying the period of notice for a general meeting of the society, require the officers of the society to call a general meeting of the society at such time at the head office of the society or at any other place at the headquarter of the society and to determine such matters as may be directed by him and where the officers of the society refuse or fail to call such a meeting, he shall have power to call it himself

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(ii) any meeting called under sub-clause (i) shall have all the powers of a general meeting called under the regulations or bye-laws of the society and its proceedings shall be regulated by such bye-laws.

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1[(4) When an enquiry is made under this section the Registrar shall communicate the result of the enquiry to the society and may issue appropriate directions to the society, which shall be binding on all parties concerned.]”

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From the record, it is quite vivid that the Registrar, Firms and Societies has already initiated proceeding with regard to the dispute which the petitioner intend to raise in this writ petition, therefore, it is directed that the Registrar, Firms and Societies will complete the proceeding within outer limit of 3 months from the date of first appearance by the petitioner and after giving opportunity of hearing to all the parties in accordance with law.

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It is made clear that this Court has not commented on the merit of the allegations, the Registrar, Firms and Societies shall conduct the inquiry in a free and transparent manner after giving all the opportunity of hearing to all the persons who may be affected with the proceeding drawn by the Registrar, Firms and Societies.

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With aforesaid observation and direction, the writ petition is disposed of.

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Sd/-

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(Narendra Kumar Vyas) Judge

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Manish

Zila Sahu Sangh, Bemetara v. State of Chhattisgarh

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Zila Sahu Sangh, Bemetara v. State of Chhattisgarh

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