Once the election process is started, it cannot be interrupted.

N. K. JAIN, J.

( 1 ) BY this writ petition the petitioner seeks to quash impugned letter dated 8-12-1994 (Annexure 4) where the Joint Registrar stayed the election and further prays that the petitioner be allowed to continue till the elections are held.

( 2 ) THE petitioner being a share holder of the Bikaner Sahkari upbhokta Wholesale Bhandar Ltd. Bikaner filed his nomination papers on 9-12--1994 for insuing election which was to be held on 14-12-1994 as per election Programme Exhibit 3 but the respondent No. 2 stayed the election which is illegal and without jurisdiction.

( 3 ) ON the other hand reply has been filled by the respondents stating that a uniform policy for elections for all the Co-operative Societies in the state of Rajasthan is being formulated and as soon as the policy is framed decision shall be taken by the Government to hold the election and to comp-lete the election within six months. He submits that if the election of the bhandar is held according to Exercise 3, then after the election they will not able to contest election for the Apex Body as ths election of the other societies will be held according to new policy, Therefor, it it would not be proper to order for commencing of election process till the new policy is framed and in the decisions cited by the counsel for tiie petitioner there Was no such contingency.

( 4 ) I have heard learned counsel for the parties and perused the material on record as well as the decisions rendered in Ajit Kumar v. State air 1990 Raj 81 : Chainaram v. State. 1981 (1) RLR 343 and Sonari Gram seva Samiti Ltd. v. State, 1987 (2) RLR 471.

( 5 ) SO far as the legal position that once election process is started the registrar or the Government has no power to postpone the election, is concerned, the same is not in dispute. Thereafter the only function rsmains is to appoint F. O. and further the eection is to be held from the stage at which the process has been interrupted by the stay order of the High Court. In the instant case, vide Exhibit 3 dated 23-11-1994 the election process has been started and nomination papers have also been filled for the elections which were to be held on 14-12-1994 but vide Exibit 4 dated 8-12-94, the joint Registrar has stayed the elections, which is not sustainqble as once the election process is started the same cannot be interrupted. Therefore the impugned order dated 8-12-1994 (Exibit 4) is quashed.

( 6 ) SO far as the prarer that the term of three years of the petitioners has olready expired and they be allowed to continue as such till the elections are held is concerned, the same is not acceptable. It is not in dispute that the petitioners have not been removed. Therefore, no direction is required to be issued either side. However, it is always open to the Registrar to appoint administration under Section 36 (1-B) of the Act.

( 7 ) WITH the above observations, the writ petition stands disposed of.