SHEOPAT RAM Vs. STATE

JUDGEMENT

(1.) Sheopat Ram, who was writ petitioner before the learned single judge, is the appellant before us Learned single. Judge dimissed his petition holding that the same is squarely covered by the judgment of the learned single judge rendered in Ram Rakh v. State of Raj. & ors (S. B. Civil Writ Petition No 110/1991 decided on 5-3-1991). Aggrieved, Sheopat Ram has filed this Special Appeal.

(2.) We may briefly notice here the facts giving rise to the writ petition and this appeal. The appellant is a member of Goluwala Siyagon Gram Sewa Sahkari Samiti, hereinafter called the Samiti. The Samiti is a duly registered co-operative Society registered under the provisions of the Rajasthan Co-operative Societies Act, 1965, hereinafter called the Act. Election of the Committee of the Society was to be held on 27-01-1991. Election of the office bearers of the Society was to be held on 28-01-1991. Accordingly, the Assistant Registrar Co-opeartive Societies, Suratgarh appointed respondent no. 3 Babulal to be election officer for the said election and issued order annexure I dated 16-11-1990 with programme of election. According to this progamme provisional voters lists to be published on 31-12-90: objections were to be decided by 7-01-91 and final list had to be published the same day. Nomination were to be filed on 19-01-91 and scrutiny was to take place on 20-01-91.

(3.) The case of the appellant is that a provisional list of voters (Anx.2) was published by the election officer on 31-12-90 as scheduled. The final list was published on 7-1-91. However, the same day, the election officer directed the Manager of the Society to include names of 119 persons in the list, even though such 119 persons had neither deposited the requisite fee nor application was given by any such member till 7-1-91. The Manager refused to include these names. However, the election officer without any authority of law added these 119 names in the final list. It was pleaded that names of these persons were not entered even in the Register of members of the Society. It was pleaded that 119 persons whose names had been added in the final voters list were not entitled-to participate in the election inasmuch as they were not enrolled even as members of the Society. Upon such averments, the petitioner filed the writ petition, out of which this appeal arises, on 15-1-91 i.e. much before the election interalia prayed as follows :