G.S.Singhvi, J. - (1.) A declaration has been sought by the petitioners against the respondents to the effect that the action of the respondents in depriving the petitioners of their right to participate in the Elections of Indian Farmers Fertilizers Cooperative Ltd.(hereafter referred to as respondent No.1) be declared as unconstitutional and elections, if any held without allowing the petitioners to participate in such election and to caste their vote, be declared unlawful and be quashed.
(2.) The facts which are necessary for deciding this writ petition filed jointly by the two petitioners under Article 226 of the Constitution of India are that the petitioners are resident of District Tonk and District Sawaimadhopur respectively. The petitioner No.1- Ram Avtar Choudhary represents Ranoli Gram Seva Sahkari Samiti and petitioner - Tara Singh Beniwal represents Mandawar Gram Seva Saha kari Samiti Ltd. The respondent No.1 has been claimed to be an instrumentality of the State under Article 12 of the Constitution of India. Its representative general body consists of elected delegates from all over the country. For the purpose of election entire country is divided into different constituencies. Each Cooperative Society, which is a member of the respondent No.1, nominates one representative, who is a voter for the election of representatives to the general body. In constituency No.11, which covers Districts of Sawaimadhopur, Dholpur and Tonic there are 21 voters. Elections for general body for the years 1992-94 of the respondent No.1 commenced recently. The Returning Officer sent ballot papers. According to petitioner No.1 when he received the envelop from the Returning Officer, he found that the envelop did not contain ballot papers. He, therefore, submitted a representation to the Returning Officer on 28.11.91 stating therein that he had received the empty envelop. He requested for issue of a ballot paper. The petitioner made an attempt to file a complaint with the police. The same was not accepted. Then he sent the compliant to the Superintendent of Police, Tonk. He forwarded it to the police station, Diggi and therefore the case has been registered by the police. The petitioner has stated that he was initially assured by the Returning Officer about issue of fresh ballot paper but no such ballot paper has been issued. On 9.12.91 the respondent No.2 refused to issue fresh ballot paper. Petitioner No.2 sent his ballot paper for exercising his vote but the same ballot paper was lost. He also lodged a First Information Report and made request for supply of fresh ballot paper but that request has not been accepted.
(3.) The petitioners have alleged that the refusal of respondent No.2 to furnish ballot paper/fresh ballot paper to them clearly amounts to infringement of their fundamental right guaranted by Articles 19 and 21 of the Constitution of India.;