ORDER :

1. Heard learned counsel for the parties.

2. The present special appeal has been preferred against the judgment dated 19.09.2024 passed by the learned Single Bench in S.B. Civil Writ Petition No. 9390/2024, whereby the writ petition filed by respondent Nos. 1 and 2 came to be allowed.

3. Briefly stated, the facts relevant for adjudication of the present appeal are that respondent No. 1 is an association duly registered under the provisions of the Rajasthan Sports (Registration, Recognition and Regulation of Associations) Act, 2005 (hereinafter referred to as “the Act of 2005”) and is affiliated with the Rajasthan Cricket Association. The tenure of its elected body for the term 2020–2024 expired in the year 2024 in terms of Section 8 of the Act of 2005, which prescribes a tenure of four years. On 04.05.2024, Shri Surja Ram Bishnoi was appointed as the Election Officer for conducting elections for the subsequent term i.e. 2024–2028. Pursuant thereto, respondent No. 2, being the Secretary of the District Cricket Association, Hanumangarh, issued an election notification and published the voter list, fixing the date of election as 01.06.2024. Objections to the voter list were invited and submitted within the prescribed time, i.e. up to 14.05.2024. In the meanwhile, the Deputy Registrar, Co-operative Societies-cum-Registrar, Institutions, Hanumangarh Junction initiated an inquiry under Sections 23(1)(c) and 23(2) of the Act of 2005 against the District Cricket Association, Hanumangarh, to which the respondent-Association submitted its reply. The said inquiry proceedings were challenged before this Court by way of S.B. Civil Writ Petition No. 8529/2024, wherein this Court, vide order dated 21.05.2024, stayed the inquiry proceedings initiated against the District Cricket Association, Hanumangarh. It is further borne out from the record that on 24.05.2024, a fresh complaint was submitted by Shri Indrajeet, President of Jambeshwar Cricket Club, and Shri Gaurav Jain, Secretary of Golden Club, Hanumangarh. Acting upon the said complaint, the Deputy Registrar passed an order dated 24.05.2024, whereby Shri Surja Ram Bishnoi was removed from the post of Election Officer with immediate effect and Smt. Manju Saharan, Inspector Executive in the office of the Deputy Registrar, Co-operative Societies, Hanumangarh Junction, was appointed as the new Election Officer. The aforesaid order dated 24.05.2024 was challenged by respondent Nos. 1 and 2 by way of a writ petition before this Court. The learned Single Bench, after hearing the parties, allowed the writ petition vide judgment dated 19.09.2024 and quashed the order dated 24.05.2024. Consequentially, the elections conducted during the intervening period, wherein the present appellants were elected as office bearers, were also set aside. Aggrieved by the said judgment, the present appellants preferred a leave to appeal, which was granted by this Court vide order dated 08.10.2024. Hence, the present appeal.

4. Learned Senior Counsel Mr. Rajesh Joshi for the appellants vehemently submits that the scope of the writ petition before the learned Single Bench was confined only to the challenge to the order dated 24.05.2024, whereby the Election Officer was substituted. It was submitted that subsequent to the said order, further developments took place, including the issuance of an order dated 25.05.2024 by the newly appointed Election Officer, whereby a fresh voter list was published and the venue of the election was fixed in a Private Hotel. Thereafter, on 27.05.2024, another voter list comprising 14 clubs was issued. He further submits that in pursuance of the election programme already notified, and with the election date fixed as 01.06.2024, the elections were duly conducted, and the present appellants were elected as office bearers of the District Cricket Association, Hanumangarh. Election certificates were issued in their favour by the Election Officer and were duly countersigned by the compete