The removal of the Election Officer without proper notice or jurisdiction violated principles of natural justice, affirming that legislative gaps can be addressed judicially to ensure fair elections.

JUDGMENT :

BY THE COURT:

1. The instant writ petition impugns the order dated 24.05.2024 passed by the Deputy Registrar, Co-operative Societies, Hanumangarh, whereby the respondent no.3 – Ms. Manju Saharan, officiating Inspector has been appointed as Election Officer and the Election Officer namely Surja Ram Bishnoi, who was appointed by the petitioner no.2 on 09.05.2024 has been removed.

2. Before making submissions about the correctness, legality and propriety of the order impugned, Mr. Vikas Balia, learned Senior Counsel appearing for the petitioners laid the factual canvass as infra:-

2.1 The petitioner no. 1 – District Cricket Association, Hanumangarh is duly registered under the provisions of the Rajasthan Sports (Registration, Recognition and Regulations of Association) Act, 2005 (hereinafter referred to as ‘the Act of 2005’) and Rajasthan Sports (Registration, Recognition and Regulations of Association) Rules, 2004 (hereinafter referred to as ‘the Rules of 2004’).

2.2 The elections of the petitioner – Association were held in the year 2020, in which the petitioner no.2 was elected as Secretary. 2.3 Since, the term of an elected body, as per Section 8 of the Act of 2005 is 4 years, the Executive Committee of the petitioner no.1 passed a resolution on 04.05.2024 and decided to hold elections while appointing Surja Ram Bishnoi as an Election Officer.

2.4 An election notice dated 09.05.2024 was issued by the petitioner no.2 – Secretary of the Association and all concerned were informed that the elections will be held on Saturday, June 1st 2024 from 9:30 a.m. onwards and Surja Ram Bishnoi shall be the Election Officer. Alongwith election notice aforesaid, a list of eligible office bearers of the clubs so also voters list were also published.

2.5 On 10.05.2024, the Election Officer issued an election programme giving the date-wise schedule of each stage of election. A separate notice of even date was also issued by the Election Officer in which address of his residence (House No. 7/40, RHB Colony, Hanumangarh Junction) was given for the purpose of correspondence and submission of objections/nomination papers.

2.6 Before the election could take place, the respondent no.2 initiated inquiry under Section 23 of the Act of 2005 by way of notice dated 16.05.2024.

2.7 Alleging the said inquiry to be arbitrary and vindictive, petitioners preferred a writ petition being S.B. Civil Writ Petition No. 8529/2024, in which a co-ordinate Bench of this Court was pleased to issue notices to the respondents and pass an interim order (dated 21.05.2024) to the effect that the elections of the petitioner-Association pursuant to election programme dated 10.05.2024 shall remain subject to outcome of the writ petition.

2.8 The respondent no.2 was informed about the issuance of notice and the interim order vide letter/e-mail dated 23.05.2024.

2.9 Immediately on the next date i.e. on 24.05.2024, the respondent no.2 proceeded to pass the impugned order in purported exercise of rule 11(3),11(6),11(7) and 11(8) of the Rules of 2004.

3. Mr. Balia, learned Senior Counsel at the outset branded the order impugned to be vindictive and arbitrary, alleging the same to have been passed in order to over