Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
VINIT KUMAR MATHUR, CHANDRA SHEKHAR SHARMA
Pawan Kumar Agarwal S/o Mani Ram Agarwal – Appellant
Versus
District Cricket Association Hanumangarh – Respondent
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 invit
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.
Interference in electoral matters after results are declared is barred by Articles 243-O and 243-ZG; the appropriate recourse is through an election petition.
The main legal point established in the judgment is that once the elections are held as per the directions issued by the High Court, the aggrieved party may resort to legal proceedings in accordance ....
The Election Tribunal cannot simultaneously allow an election petition and order a recount, as it becomes functus officio after deciding the petition.
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
