Babu Singh vs State Of Rajasthan (2025:Rj-Jd:2735)
2025 Latest Caselaw 4609 Raj

Rajasthan High Court - Jodhpur

Babu Singh vs State Of Rajasthan (2025:Rj-Jd:2735) on 15 January, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2025:RJ-JD:2735]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Writ Petition No. 4655/2023

1.       Babu Singh S/o Aanb Singh, Aged About 47 Years, By
         Caste Rajput, R/o Bijrol Khera, Tehsil Sanchore, District
         Jalore (Rajasthan).
2.       Sawaram S/o Ruparam, Aged About 40 Years, By Caste
         Kalbi,     R/o     Hadetar,       Tehsil      Sanchore,       District   Jalore
         (Rajasthan).
3.       Bhagwana Ram S/o Ramji, Aged About 52 Years, By
         Caste Mali, R/o Karawadi, Tehsil Sanchore, District Jalore
         (Rajasthan).
                                                                        ----Petitioners
                                         Versus
1.       State Of Rajasthan, Through Its Registrar, Cooperative
         Societies Department, Rajasthan, Jaipur.
2.       The State Cooperative Returning Officer, Rajasthan State
         Cooperative Election Tribunal, 10-B, Institutional Area,
         Jhalana Doongri, Jaipur - 302004.
3.       The District Collector, Jalore.
4.       The Managing Director, Sahkari Samiti, Jalore, District
         Jalore.
5.       The Chief Manager, Ramdev Kray Vikray Sahkari Samiti
         Ltd., Sanchore, District Jalore.
6.       The Returning Officer, Ramdev Kray Vikray Sahkari Samiti
         Ltd., Sanchore, District Jalore.
                                                                      ----Respondents


For Petitioner(s)              :     Mr. Teja Ram
For Respondent(s)              :     Mr. Vineet R. Dave



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

15/01/2025 Learned counsel for the parties are in agreement that the

controversy involved in the present case is squarely covered by a

[2025:RJ-JD:2735] (2 of 2) [CW-4655/2023]

judgment rendered by a Coordinate Bench of this Court in S.B.

Civil Writ Petiion No.5033/2023 (Jog Singh vs. State of Rajasthan

& Ors.), decided on 18.01.2024.

The operative part of the said judgment reads as under :-

"19. The issue involved in the petition cannot be challenged by way of filing the present writ petition, as an efficacious statutory alternative remedy is available to the petitioner under the Act of 2001. It is also important to note that upon the declaration of the final voter list, the election process was being set up in motion and the election has already been held on 12.04.2024, therefore, this Court should not grant indulgence while keeping into consideration the proviso under Section 58(2)(c) of the Act of 2001.

20. Thus without entering into the merits of the case the writ petition is, therefore, dismissed on the ground of alternative remedy being available to the petitioner under Act of 2001. Stay application as well as all other pending applications, if any, also stand dismissed.

In view of the above submissions, the present writ petition is

also dismissed in terms of the order passed by this Court in Jog

Singh(supra).

(VINIT KUMAR MATHUR),J 140-SanjayS/-C20

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