NANU RAM Vs. STATE OF RAJ AND ORS

JUDGEMENT

(1.) This Writ petition is directed against the election of Moondara Gram Sewa Sahkari Samiti Ltd., Moondara, Tahsil Sujangarh, District Churu.

(2.) The contention of the petitioner is that the election Officer published the final list vide Annexure-2 containing certain names and that final list was changed on the last date of nomination and this could not have been done because it is against Rule 24 of the Rajasthan Cooperative Societies Rules, 1966 and secondly, a person is eligible to cast his vote under Rule 32(4) of the aforesaid Rules only when his name is included in that list and therefore, the facts of this case according to Mr. Joshi, are not similar to these in Ramrakh v. State of Raj. (S.B. Civil Writ Petition No. 110/1991 decided by this Court on 5-3-1991).

(3.) According to Mr. Joshi, this case is squarely covered by a Division Bench decision of this Court in Chainaram v. State of Raj. and Ors.,1988 1 RLR 343 wherein it has been held that Clause (c) to Sub-section (2) of Section 75 of the Act, which authorises the Registrar to decide any dispute arising in connection with the election of any officer of the Society. Whether the Voters list under Rule 34(4) of the Rules was correctly prepared or not, is a dispute arising in connection with the election of the members of the Committee. If any body feels aggrieved by the incorrect preparation of the voters list, he can raised dispute challenging the election under Section 75(2) of the Act. The Registrar in such a case can decide whether the voters list was not correctly prepared? But he can decide so only after the election has taken place and not prior to it. Much stress has been laid on this observation that the Registrar has to decide the dispute after the elections are held and not prior to it.