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PUSHPENDRA SINGH BHATI
Lunas Gram Seva Sahkari Samiti Ltd. – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. On 13.02.2023, the arguments were heard on the stay applications.
2. The prayer made in the stay applications read as under:
Thus, both the stay applications have been preferred against the order dated 28.04.2014 (Annexure-2) passed by the Registrar, Cooperative Society, Sahkar Bhawan, Jaipur.
2.1 For the purpose of the deciding the stay applications, the facts are being taken from S.B. Civil Writ Petition No.2473/2003, while treating the same as a lead case.
3. Briefly put, the facts of the case, as placed before this Court by learned counsel for the petitioners, are that the Registrar, Cooperative Societies issued a notification dated 09.04.2014 while ame
Section 15 of Rajasthan General Clauses Act is merely a power to State to revise its own orders.
Where orders are passed condoning the delay, they are discretionary orders and ought not to be interfered with.
Amendments to Panchayati Raj election rules must comply with constitutional provisions, including reservation based on population, not arbitrary criteria, with necessary prior consultation.
The Deputy Collector had no jurisdiction to review his own order passed under Rule 3(A)(9) of the Rules, 1982.
The main legal point established in the judgment is that the amendment of Bye-Laws and the conduct of elections must adhere to the statutory provisions, and failure to do so can result in the vitiati....
The right to contest elections in cooperative societies is statutory, and the court upheld the validity of existing bye-laws regarding seat reservations for S.C./S.T. without mandating specific const....
The main legal point established in the judgment is that the power to countermand the election must be exercised only when the jurisdictional facts for its exercise exist, and the directions issued b....
The lottery for reservation was conducted in conformity with Rule 9 of the Rules of 1994 and subsequent notifications did not change the constituency of the reserved categories, thus no intervention ....
The suspension of election should only occur under specific circumstances as provided in the rules, and the appointment of an alternative body and election officer may be necessary to ensure a free a....
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