Back
IN THE HIGH COURT OF DELHI
D.N. Patel, Jyoti Singh, JJ.
Anil Bansal - Appellant
Versus
Rajender Kumar Returning Officer - Respondent
W.P.(C) 10746 of 2021
Decided On : 23-09-2021
| Table of Content |
|---|
| 1. challenge to returning officer's appointment (Para 1) |
| 2. request for direction on representations (Para 2) |
| 3. order to decide representations expeditiously (Para 3) |
| 4. disposal of the writ petition (Para 4) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)
Proceedings have been conducted through video conferencing.
CM APPL. 33170/2021 (Exemption)
Allowed, subject to all just exceptions.
Application is disposed of.
W.P.(C) 10746/2021 & CM APPL. 33171/2021 (Stay)
1. Present writ petition has been filed by the Petitioners seeking quashing of the appointment of Respondent No. 1 herein as Returning Officer, as per Resolution No. 4 dated 26.06.2021, passed by the Managing Committee of Respondent No. 4 as also for a direction to Respondent No. 2/ Registrar, Cooperative Societies, Delhi for ensuring free and fair election of Respondent No. 4/Society and cancellation/postponement of the election scheduled on 02.10.2021, amongst other reliefs.
2. Learned counsel appearing on behalf of the Petitioners, after canvassing arguments at some length, submits that suffice would it be for the disposal of this writ petition, if a suitable direction is given to the concerned Respondent to decide the representations preferred by the Petitioners dated 15.09.2021 and 18.09.2021 (Annexures P-16 and Annexure P-17 to the Memo of this petition), in accordance with law and within a time bound schedule.
3. In view of the aforesaid limited submission, we hereby direct Respondent No.1 to decide the representations of the Petitioners dated 15.09.2021 and 18.09.2021 (Annexures P-16 and Annexure P-17 to the Memo of this petition) respectively, in accordance with law, rules, regulations and Government policies applicable to the facts of the case, as expeditiously as possible and practicable.
4. With these observations, writ petition along with accompanying application is disposed of.
The court mandated that authorities must address representations regarding the appointment of officers in accordance with relevant laws and within a reasonable timeframe.
A person empanelled as an auditor and Returning Officer, but not appointed as an auditor of the society, is not disqualified under Rule 76-B of the Maharashtra Co-operative Societies (Election to Com....
It is a settled principle of law that remedy under Article 226 of Constitution of India is discretionary in nature and in a given case, even if some action or order challenged in petition is found to....
Compliance with the provisions of the DCS Act and ensuring fair conduct of elections is crucial in the appointment of Returning Officers for Co-operative Societies.
A writ petition may be dismissed as infructuous upon the request of the petitioner if the underlying grievance or the relief sought no longer requires adjudication due to subsequent developments.
The central legal point established in the judgment is the invocation of Article 226 of the Constitution of India for quashing the order rejecting the nomination form.
The central legal point established in the judgment is the importance of a complete and transparent electoral list for conducting fair and democratic elections in accordance with the DCS Act 2003 and....
The key legal principle established is that the directions issued by the Hon’ble Supreme Court were specific to the 2018 election and did not apply to the upcoming elections, and the court has the po....
The central legal point established is that the Election Authority does not have the jurisdiction to cancel an election that was held in accordance with the law and where the Returning Officer has al....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
