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2018 Supreme(Raj) 593

ASHOK KUMAR GAUR
Ashok Pareek – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appearing Parties : A.S Khangarot, Hitesh Jatawat, James Bedi, Vivek Dangi

JUDGMENT AND ORDER :

Sanjay K. Agrawal, J.

The short but crisp question that emanates for consideration is whether the State Co-operative Election Commission constituted under Section 50-B of the Chhattisgarh Co-operative Societies Act, 1960 (for short, 'the Act of 1960') has power and jurisdiction to consider the validity of rejection of nomination paper and/or to thereby interfere with the process of election of the members of the Board of Directors of a primary co-operative society.

2. The aforesaid question arises for consideration in the following factual backdrop: -

3. In compliance with the instruction issued by the Chhattisgarh State Co-operative Election Commission dated 21-11-2017 appointing respondent No.3 as Returning Officer, the said Returning Officer issued Election Programme on 4-12-2017 of the election of Vipanan Sahkari Samiti Maryadit, Gurur a primary co-operative society and final date was fixed for declaration of result on 31-12-2017. Before that, final voter list was already finalized and date of filing of nomination paper was 13-12-2017 and date of scrutiny of the said paper was 14-12-2017. Respondents No. 4 and 5 also submitted their nomination paper as members





















































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