YASHWANT VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard Mr. Manish Upadhyay, learned counsel for the appellant. Also heard Mr. Sandeep Dubey, learned Deputy Advocate General appearing for respondents No.1 and 4 and Mr. Rajeev Shrivastava, learned senior counsel appearing for respondents No.2 and 3.

(2.) Challenge in this appeal is to an order dtd. 9/12/2021 passed by the learned Single Judge in Writ Petition (C) No.4930 of 2021, whereby the writ petition filed by the appellant was rejected as not maintainable in view of availability of efficacious alternative remedy under Sec. 64(2)(v) of the Chhattisgarh Co-operative Societies Act, 1960, for short 'Act of 1960'.

(3.) Respondent No.2 had notified election on 8/9/2021 in respect of election of Board of Directors of Primary Agriculture Credit Co-operative Societies, including respondent No.5-Society. It is seen that the election was to be held in two phases. It appears that the election in respect of respondent No.5-Society was scheduled to be held in the second phase. The last date for submission of nomination form and the last date for scrutiny of nomination form were fixed on 23/11/2021 and 26/11/2021, respectively. On scrutiny of nomination paper, the Returning Officer had rejected the nomination paper of the appellant by an order dtd. 26/11/2021 (Annexure-P/1 to the writ petition). For the purpose of this case, it is not necessary to dilate on the grounds on which the rejection of nomination paper had taken place.