CHAINA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution, the petitioner prays for (1) quashing Annexure P/8 and Annexure P/9, by which the election of the members of the Committee of Kray Vikray Sahkari Samiti, Deedwana was postponed and (2) directions to the respondents to declare the ten persons mentioned in Annexure P/10 as duly elected members of the Committee.

(2.) AS per averments disclosed in the petition, respondent No. 6 Hanuman Singh was appointed as the Election Officer to conduct the election for the constitution of the Committee of Kray Vikraya Sahkari Samiti, Deedwana. The Election Officer published the notice -cum -programme of the election vide Annexure 1 dated January 27, 1987. The final lists of voters (Annexure 4 and Annexure 5) were published on January 31, 1987. The nomination papers were to be presented between 11.00 a.m. to 4.00 p.m. on February 3, 1987 for eleven vacancies. In all, ten nomination papers were filed. The names of the ten candidates who had filed the nomination papers, were notified on February 3, 1987 by Annexure 10. The scrutiny of the nomination papers was to take place between 10.00 a.m. to 5.00 p.m. on February 4, 1987. The Election Officer postponed the election by this order Annexure 9, which he issued at 6.10 p.m. on February 3, 1987. The election as per reason mentioned in Annexure -9, was postponed on account of some order of the Assistant Registrar, Co -operative Societies, Nagaur. Annexure -8 is the copy of the telegram issued by the Assistant Registrar to the Election Officer directing him to postpone the election. It was averred -by the petitioner that he is one of those ten candidates who had filed the nomination papers. Once the process of election had started, the election could not be averted or postponed by the Assistant Registrar or the Election Officer. The election was postponed on extraneous considerations. Since the vacancies were eleven and only ten persons had filed their nomination papers, they were deemed to be duly elected. The rival group led by the local M.L.A. Mr. Bhanwara Ram (respondent No. 4) was not happy due to the unopposed election of the ten persons. Mr. Bhanwara Ram misused his political weight and succeeded in getting the election postponed. The Registrar, Co -operative Societies, Rajas -than, Jaipur, issued the original order for postponing the election, in sequence of which were passed orders Annexure -8 and Annexure 9. The Registrar too had no powers to postpone the election. Allegations of malice were made against Mr. Ramdeo Singh Mahariya, Minister, Co -operative Department, Rajasthan.

(3.) WE have heard the learned Counsel for the parties and examined the various orders passed by the Election Officer, the Assistant Registrar and the Registrar, Co -operative Societies.