JEETMAL JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed the present writ petition under Article 226 of the Constitution of India with the following prayers:-

(2.) The facts in brief, giving rise to the present controversy, are that the petitioner is the elected President of the Executive Committee of Women Development/Milk Production Co-operative Socoeites Ltd., Kharkhanda, Tehsil Raashmi, District Chittorgarh. The respondent No.4 contested election for the post of President of the Executive Committee of Women Village Development/Milk Production Co-operative Societies Ltd., Jagpura, Tehsil Rood, District Chittorgarh. The above referred two societies fall under the same ward, i.e. Ward No.1 of the Panchayat Samiti, Gangrar and Rashmi, District Chittorgarh, therefore, both petitioner and respondent No.4 are eligible to contest the election for the post of Member of Ward No.1. It is stated that the respondent No.4 concealed the fact that he is having three children (2 sons and 1 daughter) and thus, he is not entitled to contest election and even to hold the post of President, Women Village Development/Milk Production Co-operative Society, Jagpura. The fact regarding the respondent No.4 having three children was established by a communication dtd. 31/3/2021 (Annex.and 4) under Right to Information Act. The respondent No.4 is, thus, not entitled to contest the election as per the provisions of Sec. 28(10) of the Rajasthan Co-operative Societies Act, 2001 (for short, 'the Act of 2001'), which provides that a person, having more than two children, is not eligible to contest the election and he/she shall be disqualified under this provision.

(3.) The respondent-Society thereafter declared the election schedule for the Governing Board as well as for the post of President of the District Milk Production Co-operative Organization and the petitioner and respondent No.4 also filed their nomination forms. The petitioner, on coming to know about the fact regarding the respondent No.4 having more than two children, filed a complaint/objection before the respondent-authorities but no action was taken against the respondent No.4 and was not disqualified. Hence, this petition.