Rajasthan High Court - Jodhpur
Distt. Cricket Association vs Inquiry Officer Cum Block Co-Operative ... on 21 August, 2019
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12370/2019
1. District Cricket Association, Jodhpur Having Address 7A, Panchwati Colony, Ratanada, Jodhpur (Rajasthan), Through Its Secretary Ram Prakash Choudhary.
2. Ram Prakash Choudhary S/o Ram Niwas Choudhary, Aged About 46 Years, Secretary, District Cricket Association, Jodhpur, Resident Of 7-A, Panchwati Colony, Ratanada, Jodhpur (Rajasthan).
----Petitioners Versus
1. Inquiry Officer Cum Block Co-Operative Inspector, Pipad City/bilara, Sahakar Bhawan, Opposite Railway Station, Jodhpur (Raj.)
2. Registrar, Cooperative Societies Cum Registrar Institution, Nehru Sahakar Bhawan, 22 Godown Circle, Bhawani Singh Road, Jaipur.
3. Deputy Registrar, Cooperative Societies Cum Registrar Institution, Sahakar Bhawan, Opposite Railway Station, Jodhpur (Raj.)
----Respondents For Petitioner(s) : Mr. Vikas Balia with Mr. V.D. Vaishnav & Mr. Dinesh Pal Singh Charan For Respondent(s) : -
JUSTICE DINESH MEHTA Order 21/08/2019 I.A. No.1/2019:
In the present application seeking amendment in the writ petition, the petitioners have asserted that initially when the writ petition was filed on 19.08.2019, they have challenged the notice (Downloaded on 28/08/2019 at 11:33:29 PM) (2 of 3) [CW-12370/2019] dated 17.08.2019, which was received by the petitioner No.2 on Whatsapp.
After that, the matter was listed before this Court on 20.08.2019, however, due to time constraint, it could not be taken up for consideration; in the meantime, the respondents have passed further orders in furtherance of the notice, including appointment of adhoc committee, for which amendment in the writ petition is necessary.
For the reasons stated in the application and after hearing learned counsel for the applicants, the application is allowed. The amended writ petition is taken on record. Civil Writ Petition No. 12370/2019:
Heard Mr. Balia on the writ petition.
Mr. Balia contends that the respondents have triggered the proceedings by way of notice dated 17.08.2019 (sent on Whatsapp to petitioner No.2), asking his/their response, without even mentioning the date of hearing.
After filing of the writ petition, at 5:33 PM on 20.03.2019, petitioners came to receive the notice dated 17.08.2019 by way of speed-post on 20.08.2019, so also another order dated 16.08.2019, issued by the Registrar appointing Enquiry Officer under Section 23(1)(c) of the Rajasthan Sports Act, 2005. On 20.08.2019, another order came to be passed by respondent No.3 (sent on Whatsapp) whereby an order to conduct fresh election has been issued and adhoc committee has been appointed.
While pointing out various procedural lapses and discrepancies, learned counsel for the petitioners contends that (Downloaded on 28/08/2019 at 11:33:29 PM) (3 of 3) [CW-12370/2019] the order of fresh election and appointment of adhoc committee cannot be passed, without hearing petitioners' view point. It has also been argued that alleged enquiry conducted and concluded by the Enquiry Officer, as mentioned in the order dated 20.08.2019 is also irregular inasmuch as, the Enquiry Officer was required to submit his report in seven days, after at least looking at the records and providing opportunity of hearing to the petitioners.
Apart from many other grounds, it is argued that appointment of adhoc committee in exercise of power conferred by Section 24(1)(a) of the Act, is per se illegal and without jurisdiction, inasmuch as, neither before conducting the enquiry nor before appointment of the adhoc committee, the petitioners were heard, which is mandatory.
Learned counsel highlighted various aspects to contend that the entire proceedings have been initiated and culminated in an undue haste and in a manner unknown to law.
The matter requires consideration. Issue notice. Issue notice of stay application. Notices be made returnable on 12.09.2019.
Meanwhile, further proceedings in furtherance of the order dated 16.08.2019 (Annexure-5) and effect and operation of the order dated 20.08.2019 (Annexure-7), including appointment of adhoc committee shall remain stayed.
(DINESH MEHTA),J 239-Ramesh/-
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