JUDGMENT :

1. Since, all these three writ petitions share common facts and question of law, they have been heard together and are being disposed of vide this common order.

2. For the sake of convenience, S.B. Civil Writ Petition No.9754/2021 is being taken as the lead case.

3. The petitioner, a Dugdh Utpadak Sahkari Samiti Ltd., Kanwarpura (for brevity-`the petitioner-Samiti’) is a Member of Sikar Jhunjhunu Zila Dugdh Utpadak Sahakari Samiti Ltd. (for brevity-‘Sangh’). For election of the Board of Directors and Chairman of the Sangh, the State Cooperative Election Authority issued an order dated 6.4.2021 notifying the election process along with appointment of Election Officer. As per the election schedule appended with the order, election process was to be completed by 27.4.2021. The Election Officer vide its letter dated 12.4.2021 invited objections to the proposed voter list appended thereto. As many as 67 objections were received by the Election Officer to the proposed voter list; who, after deciding the objections, vide its letter dated 18.4.2021, published final voter list containing 106 names. Before election process could proceed as per the schedule, in the wake of pandemic on account of Covid19, vide letter dated 19.4.2021, the Election Officer deferred the election process after the stage of publication of the final voter list. A writ petition no.5242/2021 was filed by one of the disqualified member which came to be decided by this Court vide its order dated 30.4.2021 whereby, the writ petition was dismissed as withdrawn with liberty to raise the grievance before the Rajasthan State Cooperative Election Tribunal which was expected to decide the objections within a period of one month in accordance with law.

4. The Election Authority has, vide its order dated 27.8.2021 allowed the representation submitted by the writ petitioner. It was held by the Election Authority that publication of the voter list was void ab initio and cancelled the election process from the date 9.4.2021 onwards. Vide its another order dated even, the Election Authority appointed another election officer and notified fresh election schedule. The decision of the Election Authority dated 27.8.2021 as also the order dated even passed by him are subject matter of challenge in the writ petition wherein, it has been further prayed to continue the election process initiated in pursuance of notification dated 6.4.2021 from the stage it was deferred in the wake of Covid-19.

5. In their reply, the respondents no.4 and 6 have supported the petitioners’ case and have submitted that validity of the final voter list could have been assailed only by way of an election dispute under Section 58 of the Rajasthan Cooperative Societies Act, 2001 (for brevity-`the Act of 2001’).

6. The respondent no.5 also submitted that decision dated 27.8.2021 as also the order dated even are not in conformity with the scheme of the Act of 2001 and Rules of 2003 framed thereunder.

7. The respondent no.7 submitted in its reply that the Election Authority passed the order dated 27.8.2021 in pursuance of the direction of this Court dated 30.4.2021 in S.B. Civil Writ Petition No.5242/2021 and hence, no fault could be found with the same. It is stated that the fresh election process has already been notified and hence, the same cannot be interfered with in view of the provisions of Section 34(6) of the Act of 2001.

8. The State has, in its reply, submitted that the order dated 27.8.2021 came to be passed in pursuance of the direction of the Hon’ble Court dated 30.4.2021. It is averred that fresh election process has started and in view of the settled proposition of law, it cannot be stopped in the mid way.

9. Learned counsels for the petitioners drawing attention of this Court towards Section 34(6) of the Act of 2001, canvassed that once the election process starts, it cannot be stopped or postponed for any reason, save for a natural calamity or break down of law and order. They submitt