JAGDISH PARSAD JAKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Returning Officer has acted in most arbitrary manner in setting aside the elections and there is no provisions in the Rajasthan Co-operative Societies Rules, 1965 (for short the Rules) under which the elections held to the candidates of Managing Committee of the Co-operative Society could have been cancelled, and therefore, the order Annexure 3 dated 9. 1. 1991 of the Returning Officer respondent No. 4 is liable to be set aside.

(2.) BEFORE I come to the reasons for this order I will narrate the facts which are as under:-

(3.) SO far as the objection raised by the learned counsel for the respondent that there is an alternative remedy to the petitioner, it has no force because the order dated 9. 1. 91 of the respondent is arbitrary, and uncalled for and made in colourable exercise of the powers which he even did not possess, is without jurisdiction.