Netram Meena S/O Shri Soram Meena vs Rajasthan State Cooperative Election ... on 18 November, 2022

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Rajasthan High Court - Jaipur

Netram Meena S/O Shri Soram Meena vs Rajasthan State Cooperative Election ... on 18 November, 2022

Bench: Inderjeet Singh

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 17074/2022

Netram Meena S/o Shri Soram Meena, Aged About 43 Years, R/o
Village Aniyali, Tehsil Malarna Dungar, District Sawaimadhopur
                                                                    ----Petitioner
                                    Versus
1.     Rajasthan State Cooperative Election Authority, Rajasthan
       State Cooperative Election Tribunal, 10B, Institutional
       Area, Raisem Bhawan, Jhalana Dungari, Jaipur
2.     Regional Returning Officer And Additional Registrar, Co-
       Operative Societies, Bharatpur Division, Bharatpur
3.     Unit Returning Officer And Dy. Registrar, Co-Operative
       Societies, Sawaimadhopur.
4.     Managing        Director,          Central         Cooperative      Bank,
       Sawaimadhopur
                                                                 ----Respondents

For Petitioner(s) : Mr. Mohar Pal Meena.

For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH Order 18/11/2022 This writ petition has been filed by the petitioner with the following prayer:-

"It is therefore, humbly prayed that your Lordship may graciously be pleased to allow this writ petition and call for the entire record pertaining to the present case and

i) by an appropriate writ, order or direction the impugned order dated 10.11.2022 issued by the respondent No. 333 may kindly be quashed and set aside to the extent of election of Gram Seva Sahakari Samiti Aniyala Panchayat Samiti Malarna Dungar District Swaimadhopur is concern may kindly be quashed and set aside.

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(2 of 3) [CW-17074/2022]

ii) Any other order which this Hon'ble Court deemed just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner."

Admittedly, the election notification for the society in question has already published vide order dated 03.11.2022 by the Rajasthan State Co-operative Election Authority.

Counsel for the petitioner has prayed for staying the process of election.

Heard counsel for the petitioner and perused the record. The Hon'ble Supreme Court in the matter of Shaji K. Joseph Vs. V. Viswanath & Ors. reported in (2016) 4 SCC 429, wherein para No.15, it has been held as under:-

"In our opinion, the High Court was not right in interfering with the process of election especially when the process of election had started upon publication of the election program on 27th January, 2011 and more particularly when an alternative statutory remedy was available to Respondent No. 1 by way of referring the dispute to the Central Government as per the provisions of Section 5 of the Act read with Regulation 20 of the Regulations. So far as the issue with regard to eligibility of Respondent No. 1 for contesting the election is concerned, though prima facie it appears that Respondent No. 1 could contest the election, we do not propose to go into the said issue because, in our opinion, as per the settled law, the High Court should not have interfered with the election after the process of election had commenced. The judgments referred to hereinabove clearly show the settled position of law to the effect that whenever the process of election starts, normally courts should not interfere with the process of election for the simple reason that if the process of election is interfered with by the courts, possibly no election would be completed without court's order. Very often, for frivolous reasons candidates or others approach the courts and by virtue of (Downloaded on 25/12/2022 at 02:14:33 PM) (3 of 3) [CW-17074/2022] interim orders passed by courts, the election is delayed or cancelled and in such a case the basic purpose of having election and getting an elected body to run the administration is frustrated. For the aforestated reasons, this Court has taken a view that all disputes with regard to election should be dealt with only after completion of the election."

This writ petition filed by the petitioner deserves to be dismissed on the ground that the election process has already been initiated by the Rajasthan State Co-operative Election Authority and in view of the judgment passed by the Hon'ble Supreme Court in the matter of Shaji K. Joseph (supra), I am not inclined to exercise the jurisdiction of this court under Article 226 of the Constitution of India.

Hence, this writ petition is dismissed.

(INDERJEET SINGH),J MG/165 (Downloaded on 25/12/2022 at 02:14:33 PM) Powered by TCPDF (www.tcpdf.org)

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Rajasthan High Court - Jaipur