Rajasthan High Court
Ramesh Meena Son Of Shri Prahlad ... vs The Registrar on 6 December, 2022
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.
(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
(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
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