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2018 Supreme(Raj) 505
IN THE HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
INDERJEET SINGH, J.
SAMIR SHARMA — Appellant
Vs.
REGISTRAR, CO-OPERATIVE SOCIETIES — Respondent
C.W.P. No. 2697 of 2018
Decided on : 14-03-2018
Alankrita Sharma, Ashok Mehta, G.S Gill, Harish C. Kandpal, Jai Raj Tantia, Kamlakar Sharma, Madhusudan Rajpurohit, Mahendra Goyal, Peush Nag, Rahul Sharma, Sarwat Alam, Advocates
The availability of an alternative statutory remedy bars the maintainability of a writ petition. Courts should not interfere with an election process that has already commenced.
Headnote:
RAJASTHAN SPORTS (REGISTRATION, RECOGNITION AND REGULATION OF ASSOCIATIONS) ACT, 2005 - SECTION 35 - APPEAL - ELECTION - MAINTAINABILITY OF WRIT PETITION - ALTERNATIVE STATUTORY REMEDY - ELECTION PROCESS ALREADY STARTED - INTERFERENCE BY COURT - ELECTION DISPUTES - RESOLUTION BY AUTHORISED PERSON - ADHOC EXECUTIVE COMMITTEE - SECTION 16 AND 24 OF THE ACT - SUMMARY DISMISSAL OF WRIT PETITION.
Fact of the Case:
Petitioners challenged the orders of the Registrar (Societies), Jaipur, quashing the election of the Executive Committee of the Jaipur District Cricket Association and directing fresh elections. The petitioners contended that the elections were duly held in 2016 and there was no requirement for fresh elections. They also argued that the Registrar had no authority to pass the order under Section 24 of the Act of 2005, as the matter was covered under Section 16 of the Act.
Finding of the Court:
The court held that the writ petition was not maintainable as an alternative statutory remedy of appeal was provided under Section 35 of the Act of 2005. The court also noted that the election process had already started and polling was scheduled to be held on 18.03.2018. Therefore, the court declined to interfere with the election process, relying on the Supreme Court judgment in Shaji K. Joseph Vs. V. Viswanath And Ors.
Issues: 1. Whether the writ petition was maintainable in light of the alternative statutory remedy of appeal under Section 35 of the Act of 2005? 2. Whether the court could interfere with the election process, which had already commenced?
Ratio Decidendi: 1. The court held that the writ petition was not maintainable as an alternative statutory remedy of appeal was provided under Section 35 of the Act of 2005. The court relied on the judgments in D.B. Special Appeal(W) No.436/2015- Gunjan Sharma Vs. Registrar, Sports Associations, Ajmer & Anr., and Sriganganagar District Cricket Association & Anr. Vs. State of Rajasthan & Ors., which held that the availability of an alternative statutory remedy barred the maintainability of a writ petition. 2. The court held that it could not interfere with the election process, which had already commenced, as doing so would delay or cancel the election and frustrate the purpose of having an elected body to run the administration. The court relied on the Supreme Court judgment in Shaji K. Joseph Vs. V. Viswanath And Ors., which held that courts should not interfere with the election process once it has started.
Final Decision: The court dismissed the writ petition, holding that it was not maintainable and that it would not interfere with the election process.
Inderjeet Singh, J:
Heard learned counsel for the parties.
2. The petitioners have filed the instant writ petition with the following prayers:-
"(i) Kindly quash and set aside order dated 20- 11-2017, being without jurisdiction.
(ii) Kindly quash and set aside arbitrary, illegal and perverse inquiry report dated 07-12-2017, being contrary to the Act of 2005, Rules of 2004 as well as contrary to the Judgment/Order dated 04-12-2017 passed by the Division Bench of the Hon'ble High Court.
(iii) Kindly quash and set aside arbitrary, illegal and without jurisdiction order dated 18-01-2018 and corrigendum dated 22-01-2018, being contrary to the Judgment/Order dated 04-12-2017 passed by the Division Bench of the Hon'ble High Court.
(iv) Any other relief which may be deemed fit and proper in the facts and circumstances of the case in favour of the humble petitioner, may kindly be granted."
3. Learned Senior Counsel for the respondents raised certain preliminary objections. Firstly with regard to maintainability of the writ petition as the order of Registrar (Societies), Jaipur is appealable under Section 35 of the Rajasthan Sports (Registration, Recognition and Regulation of Associations) Act, 2005 (hereinafter referred to as 'the Act of 2005'), and secondly that process of election for Executive Committee of the Jaipur District Cricket Association has already been started.
4. Learned Senior Counsel appearing on behalf of the respondents submitted that the order dated 20.11.2017 (Annexure-10) passed by the Registrar(Societies), Jaipur as well as order dated 18.01.2018 (Annexure-22) passed by the Registrar(Societies), Jaipur are appealable under Section 35 of the Act of 2005.
5. Section 35 of the Act of 2005 reads as under:-
"35. Appeal.-
(1) Any sports Association or person aggrieved by an order made by the Registrar under the provisions of this Act may appeal against the order to the Secretary to the Government, Department of Youth Affairs and Sports within thirty days of such an order being made.
(2) The decision of the Secretary to the Government, Department of Youth Affairs and Sports made in such an appeal shall be final and a revision against his order may lie with the High Court within thirty days of such an order."
6. Learned Senior Counsel for the respondents submits that since the petitioners are having an alternative statutory remedy under the Act of 2005, therefore, the writ petition deserves to be dismissed. In support of his submissions, he has relied upon the judgment passed by the Division Bench of this Court in D.B. Special Appeal(W) No.436/2015- Gunjan Sharma Vs. Registrar, Sports Associations, Ajmer & Anr., dated 29.03.2016, which reads as under:-
"The respondent in the writ petition has filed the instant appeal against the order dated 23.03.2015, passed by the learned Single Judge, whereby the writ petition (No.3522/2015) filed by the petitioner (respondent herein) was dismissed as not maintainable on the ground that alternative remedy of statutory appeal is available to challenge the impugned order passed by the Registrar under the Rajasthan Sports (Registration, Recognition and Regulation of Associations) Act, 2005. While dismissing the writ petition, a liberty was given to the respondent herein to file a statutory appeal before the Appellate Authority against the order of the Registrar dated 04.03.2015 and if such an appeal is filed, the same was directed to be decided within a period of two months from the date of its filing. It was also observed that in the meanwhile if any election is held to the Ajmer District Cricket Association, Ajmer, that would be subject to outcome of such appeal in the event its content and adjudication relate thereto.
2. The appellant herein is aggrieved against the observation of the learned Single Judge to the effect that any election if held to the Association, it will be subject to outcome of such appeal.
3. After hearing the Counsel for the appellant, we are not inclined to in
