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Rajasthan High Court - Jodhpur

Ganpat Singh vs State Of Rajasthan (2023/Rjjd/002541) on 27 January, 2023

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2023/RJJD/002541]                      (1 of 3)                       [CW-12930/2021]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 12930/2021

1.       Ganpat Singh S/o Shri Jaswant Singh, Aged About 68
         Years, Village Boya Songaro Ka Baas Tehsil Bali, District
         Pali (Raj.).
2.       Ugam Singh S/o Shri Karan Singh, Aged About 64 Years,
         Rajputoon Ka Baas Kumatiya District Pali (Raj.).
3.       Shaitan Singh Sendla S/o Shri Malam Singh, Aged About
         60 Years, D-2/04, Bright Land Society Phase 1, Dhokali
         Balkum Road, Opp Highland Society, Yashsivi Nagar,
         Thane West, Thane (Maharasthra).
                                                                      ----Petitioners
                                       Versus
1.       State Of Rajasthan, Through Secretary, Devsthan Vibhag,
         Jaipur.
2.       The Assistant Commissioner, Devasthan Vibhag, Jodhpur
         Khand Jodhpur.
3.       The Rajrajeshwari Mata Ashapuriji Paat Sansthan Trust,
         Nadole Tehsil Desuri District Pali Through Executive
         Officer Ranveer Singh Chouhan.
4.       The Rajrajeshwari Mata Ashapuriji Paat Sansthan Trust,
         Nadole Tehsil Desuri District Pali Through Chief Election
         Officer Shri Ganpat Singh Chouhan.
5.       The Rajrajeshwari Mata Ashapuriji Paat Sansthan Trust,
         Nadole Tehsil Desuri District Pali Through Chief Guardian,
         Shri Raghuveer Singh Sirohi, Keshar Palace, Sirohi.
6.       Shri Jog Singh Balod S/o Jagat Singh, Sedariya Jalore.
7.       The Sub Divisional Officer, Desuri District Pali.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Shyam Sunder Paliwal
For Respondent(s)            :     Mr. Dinesh Kumar Joshi, AGC
                                   Mr. Prithvi Raj Singh Jodha
                                   Mr. Keshav Bhati



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order (Downloaded on 31/01/2023 at 09:31:21 PM) [2023/RJJD/002541] (2 of 3) [CW-12930/2021] 27/01/2023 The petitioner has preferred the writ petition claiming the following reliefs :-

"A. By an appropriate writ, order or direction, the order dated 15.09.2021 (Annexure/6) passed by the Assistant Commissioner, Devasthan may be quashed and set aside.
B. By an appropriate writ order or direction during the pendency of the present writ petition, the respondents may be directed to not to interfere in the election proceedings and the order passed by the Assistant Commissioner, Devasthan (Annex.6) dated 15.09.2021 may kindly be stayed;"

Learned counsel for the petitioner as well as learned counsel for the non-governmental respondent jointly submit that if a free and fair election is conducted under the supervision of the Devasthan Department then they shall cooperate with such election process.

The respondent no.2-Devasthan Department, represented by Mr. Dinesh Joshi, is directed to nominate an official nominee, who shall get the election conducted, as prayed, strictly in accordance with law, while keeping into consideration the Constitution of Trust.

In view of above, the present petition is disposed of while directing the Devasthan Department-official nominee to take care of law and order and complete the process of election, strictly in accordance with law, while keeping into consideration the Constitution of Trust. The election process shall be supervised completely by such authority.

(Downloaded on 31/01/2023 at 09:31:21 PM)

[2023/RJJD/002541] (3 of 3) [CW-12930/2021] Such exercise shall be completed by the authorities with the help of Devasthan Department, as directed, within a period of four months from today.

All pending applications also stand disposed of.

(DR.PUSHPENDRA SINGH BHATI), J.

66-Sudheer/-

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