Rajasthan High Court
Ramdev Prajapat S/O Shri Prahlad ... vs State Of Rajasthan ... on 27 January, 2023
Bench: Inderjeet Singh
[2023/RJJP/000706]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1847/2023
Ramdev Prajapat S/o Shri Prahlad Pajapat, Aged About 41 Years,
R/o Village Natwada, Tehsil Niwai District Tonk Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary To
Government, Department Of Cooperative, Government Of
Rajasthan, Government Secretariat, Jaipur
2. Registrar Cooperative Societies, Rajasthan Jaipur
3. Deputy Registrar, Cooperative Societies, Tonk
4. Arbitrator Cum Inspector Cooperative Grade-Ii, Tonk
Region Niwai, District Tonk
5. Vyavasthapak Natwada Gram Sewa Sahakari Samiti
Limited, Natwada, Tehsil Niwai District Tonk
6. Election Officer, Natwada Gram Sewa Sahakari Samiti
Limited Natwada, Tehsil Niwai, District Tonk
7. Shri Ramphool Gurjar S/o Ranglal Gurjar, R/o Village
Natwada, Tehsil Niwai District Tonk
----Respondents
For Petitioner(s) : Mr. Laxmi Kant Malpura
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
27/01/2023
Instant writ petition has been filed by the petitioner with the
following prayers:-
"a) by an appropriate writ, order and
direction in the nature thereof, the
respondents may kindly be directed
not to proceed further with the fresh
election of the post of Member and
President of Natwada Gram Sewa
Sahakari Samiti Limited, Natwada,
Tehsil Niwai District Tonk and allow
[2023/RJJP/000706] (2 of 3) [CW-1847/2023]
the petitioner to continuously hold the
posts and work as elected Member
and President of the Samiti till final
outcome of the statutory appeal
preferred by the petitioner against the
judgment dated 11.11.2022 and is
pending before the competent
Appellate Authority.
b) Any other relief as this Hon'ble
Court may deem fit and proper be
also passed in favour of the
petitioner."
Admittedly, the process of election has already been started
for the society in question and is going to be held today.
The Hon'ble Supreme Court in the matter of Shaji K. Josep
Vs. V. Viswanath and Ors., reported in 2016 (4) SCC 429,
wherein para No.14, it has been held as under:-
"14. 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
[2023/RJJP/000706] (3 of 3) [CW-1847/2023]
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 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 process has already been completed,
therefore, no case is made out for interference by this Court under
Article 226 of the Constitution of India.
Hence, the present writ petition stands dismissed.
(INDERJEET SINGH),J
Upendra Pratap Singh /311
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