Rajasthan High Court - Jodhpur
Gena Ram Kachhawaha vs The State Of Rajasthan ... on 2 September, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:36164-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 846/2024
Gena Ram Kachhawaha S/o Shri Khaingar Ram, Aged About 40
Years, R/o- Plot No. 8, Khasra No. 1734, Hanslava Ki Pal,
Nagauri Bera, Nayapura, Mandore, Jodhpur, Rajasthan.
----Appellant
Versus
1. The State Of Rajasthan, Through, Secretary, Dept. Of
Sports And Youth, Secretariat, Jaipur.
2. The Registrar, Cooperative Societies, Jaipur, Shakar
Bhawan, 22 Godown, Jaipur, Rajasthan.
3. The District Collector Cum Ex Officio Chairman, District
Sports Council, Jodhpur.
4. The District Sports Officer, Jodhpur Sports Council, Umaid
Stadium Jodhpur.
5. The Deputy Registrar (Societies Reg), Cooperative
Department, Jodhpur.
6. The Rajasthan State Softball Association, Through Its
Secretary, E-47, Anand Puri, Behing Moti Doongri Police
Station, Jaipur
7. The Jodhpur District Softball, Association, Through Its
Secretary, 19/883, Chopasani Housing Board, Jodhpur.
8. Shri Rohitash Sharma, R/o - 19/883, Chopasani Housing
Board, Jodhpur.
9. Shri Om Singh Rajpurohit, R/o - 2/6, Chopasani Housing
Board, Jodhpur.
10. Shri Narpat Singh Gehlot, R/o A-1, Subhash Extension
K.v. No. 1 Road, Air Force Area, Jodhpur.
11. Shri Neeraj Kaushik, R/o - D-21, Shankar Nagar, Pal
Road, Jodhpur.
----Respondents
For Appellant(s) : Mr. Prtihvi Raj Singh Jodha
For Respondent(s) : Mr. himmat Singh Bhati
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE KULDEEP MATHUR
[2024:RJ-JD:36164-DB] (2 of 3) [SAW-846/2024]
Order
02/09/2024
The writ petition was filed with the following prayers:-
"It is, therefore, humbly prayed that the instant stay
petition may kindly be allowed and by an appropriate order
or direction the effect and operation of the judgment and
order dated 05.08.2024 passed by the learned single judge
may kindly be stayed.
Further the Deputy Registrar (Society Registration)
(respondent no.5) may be directed to hold detailed inquiry
in view of Annexure-4 appended with the writ petition and
election of Jodhpur District Softball Association and take
appropriate action as per the law against the responsible
office bearers of the District Softball Association
Any other appropriate order or direction which this
Hon'ble Court may deem, fit just and proper may also be
passed in favour of the petitioner trust."
2. Mr. Prithvi Raj Singh Jodha, the learned counsel for the
appellant refers to the objections raised by the Gena Ram
Kachhawaha given to the Deputy Registrar (Institution
Registration) which were not inquired into and the elections were
held whereunder eight persons of the same family have been
declared elected. As we gather on a glance at the writ Court's
order, a number of grounds were raised by the appellant before
the writ Court. However, the writ petition was dismissed on the
ground that there is adequate mechanism under section 16 of the
Rajasthan Sport (Registration, Recognition & Regulation of
Association) Act 2005 (hereinafter referred to the Act of 2005) for
redressing the grievance raised by the writ petitioner.
3. As we have seen, elections were conducted and members
have already been elected and, therefore, merely on the ground of
objections raised by a member vide annexure-4 the elections so
held cannot be declared invalid. Therefore, while according our
concurrence to the order dated 05th August 2024 passed in S.B.
Civil Writ Petition No.11875/2024, we observe that the appellant
[2024:RJ-JD:36164-DB] (3 of 3) [SAW-846/2024]
may raise any ground as available to him in law including the
objections raised by him vide annexure-4, while challenging the
elections.
4. If an application under section 16 of the Act of 2005 is filed,
we expect that the same is decided expeditiously keeping in mind
the tenure of the elected members.
5. Accordingly, the D.B. Spl. Appl. Writ No. 846/2024 is
disposed of.
(KULDEEP MATHUR),J (SHREE CHANDRASHEKHAR),J
13-mohit/divya-
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