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DINESH MEHTA
District Cricket Association, Hanumangarh through its Hony. Secretary Mr. Manish Kumar Dharnia S/o Shri Het Ram Dharnia – Appellant
Versus
Registrar, Cooperative Societies cum Registrar Institution – Respondent
| Table of Content |
|---|
| 1. petition challenges an order regarding an electoral process under sports law. (Para 1 , 2) |
| 2. arguments regarding the impugned order’s legality. (Para 3 , 4 , 5) |
| 3. claims of mala-fide exercise of power. (Para 6 , 7 , 8 , 9) |
| 4. jurisdictional issues regarding the registrar's order. (Para 10 , 11 , 12) |
| 5. (Para 13 , 14 , 15 , 16) |
| 6. court's observations on the procedural aspects. (Para 50 , 51 , 52) |
| 7. examination of the validity and motivations behind the registrar's actions. (Para 63 , 64 , 65 , 68) |
| 8. discussion on the legislative intention and permissible state intervention. (Para 79 , 80 , 81) |
| 9. conclusion and order regarding the impugned decision. (Para 120 , 121 , 122) |
| 10. ruling emphasizes the need for lawful electoral conduct and compliance. (Para 125) |
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
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.
The main legal point established in the judgment is the requirement for a civil trial-like procedure, including the framing of issues, recording of evidence, and deciding preliminary objections, in t....
The Assistant Registrar lacks jurisdiction to adjudicate on the validity of elections under the Societies Registration Act, 1860, and any disputes must be referred to the prescribed authority under S....
The District Commissioner lacks jurisdiction to remove a Panchayat member based solely on disqualification claims; such matters must be handled through an election petition post-election results, adh....
As per Rule 3 of the Rules, an Election Petition shall be instituted within 30 days from the date of declaration of the result of the election.
It is a settled principle of law that remedy under Article 226 of Constitution of India is discretionary in nature and in a given case, even if some action or order challenged in petition is found to....
The main legal point established in the judgment is that the appellants have an alternative remedy available under Rule 28 of the APMC Rules, and therefore, the petition under extraordinary jurisdict....
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