Alok Sharma, J. - (1.) THE present petition has been filed by the petitioner with following prayers: - "It is, therefore, prayed that your lordships may very graciously be pleased to accept and allow this writ petition and by way of appropriate writ, order or directions the respondents may kindly be directed that the elections of remainder 5 marketing societies also before elections for the Director of Block -II are held"
(2.) PROGRAMME for the elections to the Board of Directors of the Ajmer Central Cooperative Bank Limited (hereinafter 'the Bank') was first circulated on 19 -6 -2015. Whereunder the process was to commence 30 -8 -2015 and end on 9 -9 -2015. Vide order dated 25 -8 -2015 the programme was altered and new calendar was circulated whereunder elections were to commence 15 -9 -2015 and end on 19 -9 -2015. Then for reason of intervention by this court at its Principal Seat Jodhpur under its order dated 27 -8 -2015 in SBCWP No. 9315/2015 and 9316/2015, the programme was again altered vide order dated 7 -9 -2015, with the election process commencing 22 -9 -2015 and concluding 7 -10 -2015. They were then notified. But vide order dated 28 -9 -2015 owing to the order dated 28 -9 -2015 in SBCWP No. 14202/2015, the election was kept in abeyance. And now vide order dated 29 -9 -2015, the elections to the Ajmer Kraya Vikraya Sahakari Samiti and Kishangarh Kraya Vikraya Sahakari Samiti are to be first held between 1 -10 -2015 and 14 -10 -2015 while to the Ajmer Central Cooperative Bank remain to be kept in abeyance. The case of the petitioner is that in ward No. 11 of the Ajmer Central Cooperative Bank, in seven Kraya Vikraya Sahakari Samitis administrators were appointed and only in respect of Sarwad Kraya Vikray Sahakari Samiti (hereinafter Sarward Samiti) he is the elected President in the elections held with the intervention by this court vide order dated 28 -9 -2015 in SBCWP No. 14202/2015. Senior Counsel for the petitioner submits that in the obtaining circumstances it was imminent that the petitioner would be elected to Board of Directors of the Ajmer Central Cooperative Bank in the election thereto underway. But to stymie his obvious chance of election as such director, the respondents have, on a second wind, arbitrarily chosen to conduct elections of only Ajmer Kraya Vikraya Sahakari Samiti and Kishangarh Kraya Vikraya Sahakari Samiti to which administrators were appointed to the exclusion of five other similarly placed Samitis in ward No. 11, where also administrators have been appointed. It has been submitted that elections to the similarly placed five remainder Samitis in Ward No. 11, ought to have also been conducted for a just and fair election to Board of Directors of the Cooperative Bank. Senior counsel has finally submitted that even otherwise final voter list was published on 28 -9 -2015 and in the circumstances no alteration thereof can be made by resort to elections in the Ajmer and Kishangarh Kraya Vikraya Sahakari Samitis. Therefore the prayer as set out in the writ petition be allowed and suitable directions issued.
(3.) MR . Anurag Sharma, learned Additional Advocate General who appeared on behalf of the Government, as required by this court, has submitted that the writ petition is not maintainable. He submitted that it is trite that a writ petition, other than a public interest petition, which the present petition is not, can be laid only by one personally aggrieved of the contravention of his own legal and fundamental rights. The petitioner, a president of Sarwad Samiti, has no manner of interest in the elections in other Samitis of Ward No. 11. If at all any member/s of the said Samitis were aggrieved he/they ought to have approached this court. The petitioner's right is only to vote/contest in the election for the Board of Directors of the Ajmer Central Cooperative Bank. The said right is in no way threatened nor it is so alleged. Mr. Sharma has further pointed out that this writ petition is also liable to be dismissed on ground of laches. It is submitted that the election to the Ajmer Central Cooperative Bank was first made public on 19 -6 -2015, and if at all the petitioner had any purported right to seek election to all or any Kraya Vikraya Sahakari Samitis with administrators in Ward No. 11, he ought to have approached this court for such relief immediately. It has been submitted that election to the Ajmer Central Cooperative Bank has now been notified, albeit presently in abeyance, and the petitioner finding himself losing his accidental monopoly of being the only one eligible to represent ward No. 11 on the Board of Directors of the Ajmer Central Cooperative Bank, cannot invoke the jurisdiction of this court under Article 226 of the Constitution of India at this belated stage. It has been further submitted that all Samitis of Ward No. 11 are on the electoral roll for the election to the Board of Directors of the Ajmer Central Cooperative Bank and mere absence of elected president/s would have entailed non -exercising their right to vote as the administrators appointed under Section 30C of the Act of 2001 cannot vote as directed by this court in another matter. It has been submitted that elections to the Ajmer Kraya Vikraya Sahakari Samiti and Kishangarh Kraya Vikraya Sahakari Samiti only entail in effect the election of a President entitled to vote for the respective Samitis in the election for the Director from Ward No. 11 to the Ajmer Central Cooperative Bank. Mr. Sharma has clarified that the reason for holding election to the post of President in Ajmer and Kishangarh Kraya Vikraya Sahakari Samitis lies in the directions of this court vide order dated 21 -9 -2015 in SBCWP No. 13726/2015, Ghisa Lal Vs. State of Rajasthan and direction dated 28 -9 -2015 in SBCWP No. 14202/2015, Bhupendra Pratap Singh Rathore Vs. State of Rajasthan.;