Back
DINESH MEHTA
Narayan Ram S/o Sh. Phoosa Ram – Appellant
Versus
State Of Rajasthan, Through The Secretary To The Government Department Of Co-Operative – Respondent
ORDER :
Dinesh Mehta, J.
1. By way of present writ petition, the petitioners have challenged the order dated 06.04.2023, whereby proceedings of elections of the Chhatargarh Kraya Vikraya Sahakari Samiti Limited, Chhatargarh (hereinafter referred to as ‘the Samiti’) has been stayed by the Election Officer.
2. Mr. Divik Mathur, learned counsel for the petitioners navigated the Court through the relevant clauses of the byelaws of the Society, more particularly, Clauses 5, 9(4), 9(5)(ii) and 10 thereof and informed that as per Clause 10 of the byelaws, the Board would comprise of 16 Members, out of which, 7 would be elected from Primary Co-operative Society, 5 from private agriculturists/farmers, 3 Members are to be nominated by the State Government/Registrar and one Member being the Manager of the Society.
3. Learned counsel then stated that the petitioners had submitted their nomination for Executive Committee or Members of the Board of Directors pursuant to election notification dated 22.03.2023 issued by the State Co-operative Election Authority.
4. Learned counsel submitted that list of final electoral was proposed and published as per the schedule and the nomination forms were to be s
The election process for a cooperative society, once initiated, cannot be stopped by the Election Officer without statutory authority, reinforcing the need for adherence to legislative provisions.
Section 15 of Rajasthan General Clauses Act is merely a power to State to revise its own orders.
once an election process has been set in motion, though the High Court may entertain or may have already entertained a writ petition, it would not be justified in interfering with the election proces....
Elections for a co-operative society must be conducted before the board's term expires, and postponement requires valid legal grounds, not merely the absence of police protection.
The main legal point established in the judgment is the importance of exhausting the remedy before the Tribunal before approaching the High Court for interference with interim orders.
Elections to a cooperative society cannot be postponed merely on the ground that there is a reasonable apprehension that voters will not be allowed to vote frankly and freely.
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....
The court ruled that the provisional voters' list must be based on the correct date as per statutory rules, emphasizing compliance with election regulations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
