Rajasthan High Court - Jaipur
Ramesh Meena Son Of Shri Prahlad Meena vs The Registrar on 6 December, 2022
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 17582/2022
Ramesh Meena Son Of Shri Prahlad Meena, Aged About 44
Years, R/o Village Kundi, Tehsil Kishanganj, District Baran
(Rajasthan). President Of Khyawada Vrihat Krishi Bahuudeshiya
Sahakari Samiti Ltd.,village Khyawada, Tehsil Kishanganj, District
Baran.
----Petitioner
Versus
1. The Registrar, Co-Operative Societies, Rajasthan,
Government Of Rajasthan, Shhakar Bhawan, Jaipur.
2. The District Collector, Baran (Rajasthan).
3. Additional Registrar, Co-Operative Societies, Kota,
Rajasthan.
4. Deputy Registrar, Co-Operative Societies, Baran,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Dileep Singh Jadaun For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH Order 06/12/2022 This writ petition has been filed by the petitioner with the following prayer:-
"It is therefore, most respectfully prayed that Your Lordships may graciously be pleased to accept this writ petition and be further pleased to issue appropriate writ order or direction to quash and set aside impugned order dated 02.11.2022 (annexure-3_, qua the Khyawada Vrihat Krishi Bahuudeshiya Sahakari Samiti Ltd., village Khyawada, Tehsil Kishanganj , District Baran and direct the respondents to not hold election of this society which is held to be on 07.12.2022.(Downloaded on 13/12/2022 at 12:05:16 AM)
(2 of 3) [CW-17582/2022] Any other order or direction may kindly be passed in favour of the petitioner as your Lordships may deem just and proper in the facts and circumstances of the case."
By way of this writ petition, the petitioner has prayed for quashing of the order dated 02.11.2022 by which the election of the society-Khyawada Vrihat Krishi Bahuudeshiya Sahakari Samiti Ltd., village Khyawada, Tehsil Kishanganj, District Baran has been scheduled to be held on 07.12.2022.
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 interim orders passed by courts, the election is delayed or cancelled and in such (Downloaded on 13/12/2022 at 12:05:16 AM) (3 of 3) [CW-17582/2022] 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."
Since, the election of the society-Khyawada Vrihat Krishi Bahuudeshiya Sahakari Samiti Ltd., village Khyawada, Tehsil Kishanganj, District Baran has been scheduled to be held on 07.12.2022 vide order dated 02.11.2022, in view of the judgment passed by the Hon'ble Supreme Court in the matter of Shaji K. Joseph (supra), this court is not inclined to quash/stay the order dated 02.11.2022.
In that view of the matter, this writ petition stands dismissed.
(INDERJEET SINGH),J JYOTI /112 (Downloaded on 13/12/2022 at 12:05:16 AM) Powered by TCPDF (www.tcpdf.org)