Rakesh Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 3984 Raj

[2023/RJJD/013178]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14107/2022

Rakesh Kumar S/o Sh. Satay Narayan, Aged About 36 Years, Resident Of Village 113 Rd, 42 Sbs, Sultana, District Jaisalmer (Rajasthan)

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, Cooperative Societies Department, Government Of Rajasthan, Jaipur.

2. The Registrar, Cooperative Societies, Rajasthan, Nehru Shakar Bhawan, Bhawani Singh Road, Jaipur.

3. The State Cooperative Election Authority, Rajasthan State Cooperative Election Commission, 19-B, Institutional Area, Raisem Bhawan, Jhalna Dungari, Jaipur.

4. The Zonal Returning Officer Cum Additional Registrar, Cooperative Societies, Division Bikaner, Bikaner.

5. The District Collector, Jaisalmer.

6. Jaisalmer Central Cooperative Bank Ltd., Jaisalmer.

Through Its Managing Director.

7. Gram 10 Bd Seva Sahkari Samiti, Viillage 10 Bd, District Jaisalmer. Through Its Vyavasthapak.

8. Election Officer, Gram 10 Bd Seva Sahkari Samiti, Village 10 Bd, District Jaisalmer.

----Respondents

For Petitioner(s) : Mr. Dipendra Singh Rao For Respondent(s) : Mr. Sudhir Tak, AAG assisted by Mr. Saransh Vij

HON'BLE MS. JUSTICE REKHA BORANA

Order

03/05/2023

The present petition has been preferred against the order

impugned dated 12.09.2022 (Annex.6) whereby the nomination

[2023/RJJD/013178] (2 of 2) [CW-14107/2022]

form of the petitioner for the election of Managing Committee &

Office Bearers of Gram Seva Sahkari Samiti, Village 10 BD, District

Jaisalmer was rejected. It has further been prayed to declare the

voter list and the complete election process to be arbitrary and to

be quashed.

Learned counsel for the respondents submitted that the

dispute in question pertains to the election process and in view of

Section 58 (2)(c) of the Rajasthan Cooperative Societies Act, 2001

(hereinafter referred to as "the Act of 2001"), there is a specific

alternative remedy available to the petitioner and therefore, the

present writ petition cannot be maintained before this Court.

Learned counsel relied upon similar orders passed by the

Coordinate Bench of this Court in Santosh & Ors. Vs. State &

Ors.; S.B. Civil Writ Petition No.13977/2022 and in Narayan

Singh Bhati & Ors. vs. State & Ors.; S.B. Civil Writ Petition

No.12694/2022, both decided on 21.09.2022.

As held in the above mentioned judgments, this Court is of

the specific opinion that in view of the alternative remedy

provided under the Act of 2001, the present writ petition cannot

be maintained before this Court and the same is therefore,

dismissed.

All pending applications stand disposed of.

(REKHA BORANA),J 17-AbhishekS/-

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