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NUPUR BHATI
Jog Singh S/o Jagat Singh – Appellant
Versus
State Of Rajasthan – Respondent
Headnote: Read headnote
JUDGMENT :
1. This writ petition has been filed under Article 226 of the Constitution of India claiming the following reliefs:
2. That the respondent no. 6 to 12 may not be held eligible to contest election of the Chairman of Ahore Cooperative Marketing Society, Ahore.
3. That the respondent no.6 to 12 may further be held ineligible to participate in any proceedings of Ahore Cooperative Marketing Society, Ahore or any other body/committee/society.
4. That alternatively the Ahore Cooperative Marketing Society, Ahore may be dissolved and fresh elections throughout may be ordered to be held strictly in accordance with the applicable rules and regulations.
5. Any other appropriate order or direction which this Hon'ble Court may deem fit, just and proper may also be passed in favour of the petitioner.
The availability of an alternative remedy under the Rajasthan Cooperative Societies Act, 2001, and the proviso under Section 58(2)(c) of the Act.
The court held that non-attendance at meetings due to COVID-19 restrictions should not disqualify members from voting, affirming that disputes about eligibility typically fall under statutory provisi....
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 main legal point established in the judgment is the violation of the petitioner's fundamental right to participate in the election process due to the inconsistency between Bye-law 24(viii) and Se....
The classification of a cooperative society as aided or unaided determines the authority responsible for conducting elections under the A.P. Cooperative Societies Act.
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