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[CW-12930/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 12930/2021

1.

Ganpat Singh S/o Shri Jaswant Singh, Aged About 68

Years, Village Boya Songaro Ka Baas Tehsil Bali, District

Pali (Raj.).

2.

Ugam Singh S/o Shri Karan Singh, Aged About 64 Years,

Rajputoon Ka Baas Kumatiya District Pali (Raj.).

3.

Shaitan Singh Sendla S/o Shri Malam Singh, Aged About

60 Years, D-2/04, Bright Land Society Phase 1, Dhokali

Balkum Road, Opp Highland Society, Yashsivi Nagar,

Thane West, Thane (Maharasthra).

----Petitioners

Versus

1.

State Of Rajasthan, Through Secretary, Devsthan Vibhag,

Jaipur.

2.

The Assistant Commissioner, Devasthan Vibhag, Jodhpur

Khand Jodhpur.

3.

The Rajrajeshwari Mata Ashapuriji Paat Sansthan Trust,

Nadole Tehsil Desuri District Pali Through Executive

Officer Ranveer Singh Chouhan.

4.

The Rajrajeshwari Mata Ashapuriji Paat Sansthan Trust,

Nadole Tehsil Desuri District Pali Through Chief Election

Officer Shri Ganpat Singh Chouhan.

5.

The Rajrajeshwari Mata Ashapuriji Paat Sansthan Trust,

Nadole Tehsil Desuri District Pali Through Chief Guardian,

Shri Raghuveer Singh Sirohi, Keshar Palace, Sirohi.

6.

Shri Jog Singh Balod S/o Jagat Singh, Sedariya Jalore.

7.

The Sub Divisional Officer, Desuri District Pali.

----Respondents

For Petitioner(s)

:

Mr. Shyam Sunder Paliwal

For Respondent(s)

:

Mr. Dinesh Kumar Joshi, AGC

Mr. Prithvi Raj Singh Jodha

Mr. Keshav Bhati

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

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27/01/2023

The petitioner has preferred the writ petition claiming the

following reliefs :-

"A. By an appropriate writ, order or direction, the

order dated 15.09.2021 (Annexure/6) passed by the

Assistant Commissioner, Devasthan may be quashed

and set aside.

B. By an appropriate writ order or direction during

the pendency of the present writ petition, the

respondents may be directed to not to interfere in the

election proceedings and the order passed by the

Assistant Commissioner, Devasthan (Annex.6) dated

15.09.2021 may kindly be stayed;"

Learned counsel for the petitioner as well as learned counsel

for the non-governmental respondent jointly submit that if a free

and fair election is conducted under the supervision of the

Devasthan Department then they shall cooperate with such

election process.

The respondent no.2-Devasthan Department, represented by

Mr. Dinesh Joshi, is directed to nominate an official nominee, who

shall get the election conducted, as prayed, strictly in accordance

with law, while keeping into consideration the Constitution of

Trust.

In view of above, the present petition is disposed of while

directing the Devasthan Department-official nominee to take care

of law and order and complete the process of election, strictly in

accordance with law, while keeping into consideration the

Constitution of Trust. The election process shall be supervised

completely by such authority.

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Such exercise shall be completed by the authorities with the

help of Devasthan Department, as directed, within a period of four

months from today.

All pending applications also stand disposed of.

(DR.PUSHPENDRA SINGH BHATI), J.

66-Sudheer/-