Rajasthan High Court - Jodhpur
Jangir Singh vs State Of Raj. & Ors on 6 January, 2009
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
O R D E R
S.B. CIVIL WRIT PETITION NO.96/2009 (Jangir Singh Vs. State of Raj. & Ors.) Date of order : 06.01.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. K.S. Yadav, for the petitioner. Mr. B.S. Sindhu, Caveator for respondent No.3.
Heard learned counsel for the petitioner. In this case, the petitioner is challenging the order dated 25.2.2008 Annexure-1 whereby the membership of the petitioner has come to an end, so also the order dated 24.12.2008 Annexure-5 passed by Asstt. Registrar, Co-operative Societies, Sri Ganganagar passed under Section 28 (3) and (9) of the Rajasthan Cooperative Societies Act, 2001.
The contention of learned counsel for the petitioner is that both the orders are totally without jurisdiction and the name of the petitioner was illegally deleted from the voter list. Further, it is contended by learned counsel for the petitioner is that the question of inclusion and exclusion of his 2 name was to be decided by the Election Officer of the Society.
In my opinion, at this stage, no interference is required under Article 226 of the Constitution of India because the petitioner is challenging the order dated 25.2.2008 during the process of election for inclusion of his name in the voter list, that too after publication of the voter list and finalization of the voter list by the Election Officer. Accordingly, the writ petition is dismissed on the ground of delay only. However, petitioner is at liberty to challenge the impugned order by way of filing revision under Section 107 of the Rajasthan Co- operative Societies Act, 2001.
(GOPAL KRISHAN VYAS), J.
arun