Dismissed

Rakesh Kumar v. State of Rajasthan

Rajasthan HC3 May 2023CW/14107/2022

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the rejection of the petitioner's nomination form for a cooperative society election. The Court held that the petitioner was bound by Section 58(2)(c) of the Rajasthan Cooperative Societies Act, 2001, which provides a specific alternative remedy, thus precluding writ jurisdiction.

What did the court decide?

The writ petition was dismissed with a direction that all pending applications remain disposed of.

Rakesh Kumar Vs State of Rajasthan — Company and Corporate | Rajasthan HC (2023)

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[2023/RJJD/013178]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 14107/2022

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Rakesh Kumar S/o Sh. Satay Narayan, Aged About 36 Years, Resident Of Village 113 Rd, 42 Sbs, Sultana, District Jaisalmer (Rajasthan)

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----Petitioner

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Versus

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State Of Rajasthan, Through The Principal Secretary, Cooperative Societies Department, Government Of Rajasthan, Jaipur.

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The Registrar, Cooperative Societies, Rajasthan, Nehru Shakar Bhawan, Bhawani Singh Road, Jaipur.

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The State Cooperative Election Authority, Rajasthan State Cooperative Election Commission, 19-B, Institutional Area, Raisem Bhawan, Jhalna Dungari, Jaipur.

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The Zonal Returning Officer Cum Additional Registrar, Cooperative Societies, Division Bikaner, Bikaner.

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The District Collector, Jaisalmer. 6. Jaisalmer Central Cooperative Bank Ltd., Jaisalmer. Through Its Managing Director.

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Gram 10 Bd Seva Sahkari Samiti, Viillage 10 Bd, District Jaisalmer. Through Its Vyavasthapak.

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Election Officer, Gram 10 Bd Seva Sahkari Samiti, Village 10 Bd, District Jaisalmer.

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----Respondents

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For Petitioner(s) : Mr. Dipendra Singh Rao For Respondent(s) : Mr. Sudhir Tak, AAG assisted by Mr. Saransh Vij

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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03/05/2023

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The present petition has been preferred against the order impugned dated 12.09.2022 (Annex.6) whereby the nomination

[2023/RJJD/013178]

[CW-14107/2022]

(2 of 2)

form of the petitioner for the election of Managing Committee & Office Bearers of Gram Seva Sahkari Samiti, Village 10 BD, District Jaisalmer was rejected. It has further been prayed to declare the voter list and the complete election process to be arbitrary and to be quashed.

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Learned counsel for the respondents submitted that the dispute in question pertains to the election process and in view of Section 58 (2)(c) of the Rajasthan Cooperative Societies Act, 2001 (hereinafter referred to as “the Act of 2001”), there is a specific alternative remedy available to the petitioner and therefore, the present writ petition cannot be maintained before this Court. Learned counsel relied upon similar orders passed by the Coordinate Bench of this Court in Santosh & Ors. Vs. State & Ors.; S.B. Civil Writ Petition No.13977/2022 and in Narayan Singh Bhati & Ors. vs. State & Ors.; S.B. Civil Writ Petition No.12694/2022 , both decided on 21.09.2022.

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As held in the above mentioned judgments, this Court is of the specific opinion that in view of the alternative remedy provided under the Act of 2001, the present writ petition cannot be maintained before this Court and the same is therefore,

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dismissed .

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All pending applications stand disposed of.

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(REKHA BORANA),J

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17-AbhishekS/-

Rakesh Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rakesh Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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