BABU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the order of the learned Single Judge dated October 28, 1992 by which he has dismissed the writ petition of the appellant on the preliminary point that the petitioner has adequate and equally efficacious remedy before the Registrar Co-operative Societies, Rajasthan, Jaipur under Sections 75 and 77 Rajasthan Co-operative Societies Act (hereinafter to be called 'the Act') as election has already taken place and result is to be announced. The facts of the case giving rise to this special appeal may be summarised thus.

(2.) The election programme of the Raipur Marketing Co-operative Society, Raipur (Pali) was announced and the election was scheduled to be held on August 6, 1992. The non-petitioner No 5 Amar Singh Chouhan also filed his nomination. After bearing the objections, his nomination was rejected. List Annexure-5 of candidates whose nomination were accepted/rejected was duly published at 5 p.m. on August 1,1992 On the direction of the Deputy Registrar of the Cooperative Societies the Election Officer accepted the nomination paper of the respondent No 5 Amar Singh Chouhan and issued fresh list Annexure 7. The petitioner filed writ petition challenging the order Annexure 6 of the Deputy Registrar directing the Election Officer to reconsider the nomination of the respondent No. 5 afresh, acceptance of the nomination paper of the respondent No. 5 Amar Singh Chouhan and revised list Annexure 7.

(3.) The respondent No.5 filed his caveat. His learned counsel seriously opposed admission of the writ petition After hearing his Dreliminarv objection, it was rejected and the writ petition was admitted.