Sudhir Kumar Jain S/O Shri Kailash Chand Jain Vs the State of Rajasthan

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[2026:RJ-JP:5795]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 2617/2026

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Sudhir Kumar Jain S/o Shri Kailash Chand Jain, Aged About 60 Years, Resident Of 1508, Baba Harish Chand Marg, Indira Bazar, Jaipur, Proprietor M/s Choudhary Enterprises, 361-A, Indira Bazar, Jaipur.

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Brijmohan Saini S/o Shri Gajanand Saini, Aged About 58 Years, Resident Of Shankar Nagar Mori Ke Pass, Brahmpuri, Jaipur, Proprietor M/s Krishna Electricals, 2046, Deenanath Ji Ka Rasta, Chandpole Bazar, Jaipur.

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Yogesh Kumar S/o Shri Govindram, Aged About 49 Years, Resident Of 15/194, Sector 15, Malviya Nagar, Jaipur, Raj., Proprietor M/s Jaipur Electrical, 88-B, Khejron Ka Rasta, Indira Bazar, Jaipur (Raj.).

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Ramesh Khandelwal S/o Shri Kailash Narayan Khandelwal, Resident Of 389, Behind Jangjit Mahadev Mandir, Nahargarh Road, Jaipur, Proprietor M/s Khandelwal Rnr Electricals, 389, Behind Jangjit Mahadev, Nahargarh Road.

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----Petitioners

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Versus

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The State Of Rajasthan, Through Commissioner Industries, Commerce And Corporate Social Responsibility, Udhyog Bhawan, Tilak Marg, Jaipur

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The Registrar, Rajasthan Non-Trading Companies And Joint Commissioner, Industries And Commerce, Udhyog Bhawan, Tilak Marg, Jaipur.

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The Election Officer, Jaipur Bijali Vyapar Sangh (Regd.), S-3, Jeevan Vehar Complex, New Colony, Near Panch Batti, Jaipur.

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Jaipur Bijali Vyapar Sangh (Regd.), Through Its President S-6, Iii Floor, Bharat Apartment, Near Sindhi Panchayati School, New Colony, M.i. Road, Jaipur.

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Shri Arvind Bhardwaj, Proprietor M/s Surya Enterprises, 92-A, Shanti Nagar, Opp. Shyam Nagar Thana, Near Dcm, Ajmer Road, Jaipur.

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Shri Devendra Kumar Khatri, Proprietor M/s Vipul Enterprises, 2850, Kanha Chamar Ki Gali, Kalyan Ji Ka

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Rasta, Indira Bazar, Jaipur.

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Shri Harish Arora, Poprietor M/s Prem Appliances, Bhindo Ka Rasta, Attached Indira Bazar, Jaipur.

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Shri Jagdish Lalwani, Proprietor M/s Diksha Enterprises, 404, Indira Bazar, Jaipur.

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Shri Jai Kumar Jain, Proprietor M/s Usha Agencies, 385, Indira Bazar, Jaipur.

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Shri Swayam Prakash Gupta, Proprietor M/s Ramsons Cables And Conductors, 1767, Khejre Walon Ka Rasta, Indira Bazar, Jaipur.

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Shri Vishnu Dutt Sharma, Proprietor M/s Bittu Electricals, Shop No. 1, Sanjay Bazar, Jaipur.

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----Respondents

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Petitioner(s) : Mr. Sudhir Kumar Jain, (Petitioner No. 1) Mr. Yogesh Kumar, (Petitioner No. 3)

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Respondent(s) : Mr. Manish Gulati, (President of Jaipur Bijali Vyapar Sangh) Mr. Nandkishore

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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07/02/2026

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The instant writ petition has been filed by the petitioners with the following prayer:-

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(i) Issue an appropriate writ, order or direction quashing the action of the Election Officer in allowing participation of 7 candidates i.e. respondents no. 5-11, whose nomination forms were earlier rejected;

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(ii) Direct the respondents to restrain the said 7 candidates i.e. respondents no. 5-11 from participating in the election of the Executive Committee of Jaipur Bijali Vyapar Sangh;

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(iii) Declare the impugned election process as arbitrary, illegal and violative of principles of natural justice and direct conduct of fresh elections strictly in accordance with the bylaws, under a fair, free and independent Election Officer and if the election takes place during pendency of the writ petition, declare the same to be void and illegal and direct fresh election;

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(iv) Issue an appropriate writ, order or direction directing the Respondent Registrar, Rajasthan Non-Trading Companies, to forthwith exercise its statutory supervisory powers by conducting an independent enquiry into the election process of Jaipur Bijali Vyapar Sangh and to ensure that the election of the Sangh is recognised, approved or acted upon only after removal of the illegalities pointed out by the petitioners;

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(v) Pass any other order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

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During the course of arguments the petitioner Nos. 1 and 3, who are present in person, has also submitted that as regards the grievances they have submitted a representation to the Registrar, Rajasthan Non-Trading Companies/ Joint Commissioner, Industries & Commerce on 04.02.2026. On the representation submitted by the petitioners, the Registrar has already issued letter dated 05.02.2026 to the President of the Jaipur Bijali Vyapar Sangh.

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When the matter is under consideration before the competent authority, this Court is not inclined to interfere within

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the election process. Apart from this, the matter pertains to the elections of the Jaipur Bijali Vyapar Sangh and the Election Officer is an Authority which would be covered under Article 12 of the Constitution of the India in the definition of State and therefore no direction can be issued under the writ jurisdiction.

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In case the petitioners have any grievance as regards the election to the Jaipur Bijali Vyapar Sangh, they can approach to the appropriate Forum.

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Accordingly, the writ petition stands dismissed.

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In view of the order passed in the main petition, stay application and pending application/s, if any, also stand dismissed.

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(GANESH RAM MEENA),J

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SHRUTI SHARMA /22 S

Sudhir Kumar Jain S/O Shri Kailash Chand Jain v. the State of Rajasthan

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Sudhir Kumar Jain S/O Shri Kailash Chand Jain v. the State of Rajasthan

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