S.S.BYAS, J. - (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. The respondents filed the return and admitted virtually all the averments of the petitioner except those relating to malice, extraneous reasons and the want of authority in the Registrar to postpone the election. It was submitted that on January 29, 1987, the local M.L.A. Mr. Bhanwara Ram, the Chairman of Block Congress Committee, Deedwana and the Ex -Chairman Koliya Mahaveer Gram Sewa Sahkari Samiti, Deedwana submitted an application before the Minister, Co -operative Department, alleging some irregularities in the preparation of voters lists. The Minister passed the following order: this may be examined and immediate action be taken. I may be informed of the action taken On February 1, 1987 and sent it to the Registrar, Co -operative Societies. The Registrar, Co -operative Societies initiated an inquiry into the matter and since then inquiry was likely to take some time, he thought it proper to postpone the election. He, therefore, passed order Annexure R/1 on January 30, 1987 postponing the election. It was submitted that the Registrar had powers and authority to postpone the election on the ground that the voters lists were not correctly prepared.
(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.;