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BEFORE THE COURT OF HON’BLE DISTRICT JUDGE

JODHPUR MAHANAGAR
CIVIL SUIT NO. /2025

Date of presentation:

1. Anish Ahmed Khilji 97, S/o Shabber Ahmed Khilji, 97, Kamla
Nehru Nagar, Near cheer ghar masjid, Jodhpur. (Life Member No.
168)

2. Mohd Rehan Ansari, S/o Mohd Ramzan Ansari, P.No. 120, Shanti
Priya Nagar, Jodhpur. (Life Member No. 199)

3. Mohd javed Quraishi, S/o Haji Abadullah Quraishi, mohalla nagori

silwatan, Near ishaqiya school, Jodhpur. (Life Member No. 290)

4. Abdur Raheem Modi S/o Sulemanji Modi, Modi tower, inside sojati
gate, jodhpur, (Life memberno– 309).

PLAINTIFFS

VERSUS

1. Marwar Muslim Educational and Welfare Society through its

general Secretary, Mohd. Atique kamla nehru campus, jodhpur.
2. Marwar Muslim Educational and Welfare Society through its ex-
general Secretary, Ridmal Khan Mehar, Kamla Nehru Campus,
Jodhpur.
3. Seth Noor Mohammed S/o Hazi Deen Mohammed, R/o kohinoor
cinema, 5th road, sardarpura, Jodhpur.
4. Dr. Ghulam Rabbani S/o Haji Mohammed Haneef, R/o near
Abbabeel hotel, inside sojati gate, Jodhpur.
5. Haarun khan S/o Hasimddin, R/o janta bartan bhandar, nai sadak,
Jodhpur.
6. Shokat Ali Ansari S/o InsaafAli Ansari, R/o near Bilal masjid,
shantipriyanagar, Jodhpur.
7. Mohammed Ismael Qureshi S/o Abdul Jabbar, R/o
Cheergharmasjid, KamlaNehru Nagar, Jodhpur.
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8. The District Collector, through its authorised representative,

collectorate, collectorate campus building High Court road,
Kachariparisar, paota, Jodhpur, Rajasthan.

9. Shri Mahaveer Singh Jodha (RAS), election officer, SDO, south

jodhpur, collectorate campus building High Court road,
Kachariparisar, paota, Jodhpur, Rajasthan.

10. Smt. Sunita Pankaj (RAS), ADMJodhpur, collectorate campus

building High court road, KachariParisar, Paota, jodhpur, Rajasthan.

11. Shakeel Parvez

Ex-receiver&currentCEO of MarwarMuslim Educational and
Welfare Society, KamlaNehru Campus Jodhpur.

12. Registrar of societies, sahkarbhawan, Johdpur.

13. Abdul Azeez S/o Shri Abdul Majeed, R/o 84, L.I.G.H. Kamla Nehru
Nagar, Jodhpur.

14. Mohammed Rafeeq Khokhar S/o Shri Ismail Khokhar, R/o New
Janta Gas Service, NayiSadak, Jodhpur.

15. MohdAtique, S/o Late MohdUmer, Ashraf Manzil, Medti Gate,

Jodhpur.

16. Jugunu Khan S/o Shri Akhtar Khan, R/o Sindhiyon Ka Bas,
Sivanchi Gate, District Jodhpur.

17. Naushad Khan S/o Shri Noor Mohammed, R/o D.I.G. Firoz Khan
Colony, Soonthla, Jodhpur.

18. Abdul Salim Chauhan, S/o Haji Mohd Yusuf, Shantipriya Nagar,
near masjid Khaif, Jodhpur.

19. Mohd Aslam, S/o Ahmed Hussain, Khadaphalsa, Chadhwon Ki gali,

Jodhpur.

20. Abrar Ahmed S/o Ghulam Haider, Khadaphalsa, Chadhwon Ki gali,

Jodhpur.

21. Raees Ahmed Ansari S/o Abdul Rehman, R/o Tool & Hardware,
5Th Pal Road, Near Nasrani Petrol Pump, Sardarpura, Jodhpur
(Raj.)

22. Mohd Ali Chundrigarh, S/o Abdul Ghani, Khanda Phalsa, Chadwon
ki gali, Jodhpur.
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23. Hifzur Rahman S/o Dr. Ghulam Rabbani, R/o Hotel Abbabil, Inside
Sojati Gate, District Jodhpur.

24. Nisar Ahmed Khilji S/o Shri Abdul Rashid Khilji, R/o 168, Kamla
Nehru Nagar, Near PakijaChakki, District Jodhpur.

25. Ataurrahaman Qureshi S/o Shri Abdul Azeez Qureshi, R/o Kavirajji
Ka Bada, Inside Sojati Gate, District Jodhpur.

26. Sadiq Ali, S/o Dr. Abdul Ali, Shantipriya Nagar, Jodhpur

27. Mohammed Bashir Khairadi S/o Shri Hussain Baksh, Resident of

Behind Madina Mosque, Kamla Nehru Nagar, Jodhpur.

28. Ridmal Khan Mehar S/o Shri Mehardeen Khan, R/o D-200, Kamla
Nehru Nagar, Jodhpur.

29. Tayab Ansari S/o Shri Mumtaz Ali, R/o Near BijaliGhar, 96, Kamla
Nehru Nagar, Jodhpur.

30. Zakir Hussain S/o Shri Ali Hussain, R/o KumhariyaKuan, Khanda
Falsa, Jodhpur.

31. Sayeed Ahmed Khilji, S/o Shabbir Ahmed Khilji, R/o Harya Dhana
Haveli, inside sojti gate, Jodhpur.

32. Mohammed Aabid Qureshi S/o Shri Haji Abadullah Qureshi, R/o
Near Apna Garden Kamla Nehru Nagar, Jodhpur.

33. Engineer Ismail Baig S/o Shri Moahmmed Iqbal Baig, R/o Gulab
Bagh, Jalori Gate, District Jodhpur.

DEFENDANTS

SUIT FOR DECLARATION CANCELLATION PERMANENT

AND MANDATORY INJUNCTION.

MOST RESPECTFULLY SHOWETH:

1. That the present suit is being preferred by the plaintiffs seeking inter
alia the relief that the election of the governing council and the
office bearers of the Society, which was held on 23.06.2024and
24.06.20204 respectively be declared illegal, it be cancelled, and
injunction in permanent nature be passed and no decision
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whatsoever be taken by the so called governing council which was

illegally elected on 24.06.2024 and its members collectively or in
their individual capacity and that the sarparast/veterans be restrained
from any interference in the functioning of the society. Besides, a
consequential relief of a fresh, transparent and impartial election
under the supervision of a retired judicial officer acting as an
observer, be held within a period of two months in strict adherence
with the constitution of the Society and in the interregnum, a
receiver be appointed to run its day-to-day functions.

2. The plaintiffs herein are the life members of the society and a
member of the general council, which is the supreme body of the
society who have contested election in the past and are concerned
for the smooth and effective functioning of the society which should
be free from any corruption and should not be mired in the tussle
between any group of life members.

3. The Marwar Muslim Educational and welfare Society (hereinafter

be referred as “the Society”) is a society registered under the
Rajasthan Society’s Registration Act 1958 vide Registration
Number 109/70-71 dated 14.10.1971. The society is engaged in
imparting education and social welfare on the city of Jodhpur. A
brief background of the inception and emergence of the society over
a period of time in promoting education and welfare in the city of
Jodhpur is relevant.

4. On the occasion of the foundation stone laying ceremony of "Umed

Bhawan Palace" on 21st November, 1929 it was announced by his
Highness Shri Umed Singhji, the erstwhile ruler of the Jodhpur
state, that the “Mohammaden Community shall be provided with a
suitable school building”. Immediately after this announcement
Marwar Muslim Education Society was established in the year 1929
with the primary object of running the school and promoting modern
education in the Muslim Community of Marwar Region, and hence
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the society came into existence. Maharaja of Jodhpur Shri Umed

Singh Ji was the Patron of the Society and Mr. A.P. Cox the
erstwhile Director of Education of the state was its President.

Construction of a new School building was started on 6th

February, 1934 andthe building was inaugurated and gifted to the
Muslim community by His Highness Maharaja Umed Singhji on
18th February, 1936. The School was upto High School standard
and named as "Darbar Muslim School". Though the school was
gifted to Muslim Community by the His Highness Maharaja Umed
Singhji however the Government of Rajasthan took over the school
after the independence and re-named it in 1948 as Mahatma Gandhi
School, by which it is presently known and is being run by the
government.

Subsequently with the efforts of many distinguished

members of the society in the year 1978, Government of Rajasthan
led by the then Chief Minister Hon'ble Bhairo Singh Shekhawat, 5
acres of land was allotted for the construction of a new school
building in a gesture of compensating the loss to the community due
to acquisition of Darbar school. On 2nd January, 1981, the
foundation stone of Maulana Abul Kalam Azad Muslim Senior
Secondary School was laid down on the allotted land. On 11th
September, 1988, Shri Shiv Charan Mathur, the then Chief Minister
of Rajasthan inaugurated the school in the presence of Shri Ashok
Gehlot, the then Member of Parliament. Subsequently the Society
was registered under the Society’s registration Act in the year 1970
and finally in the year 2005 the name was modified to “Marwar
Muslim Education and Welfare Society Jodhpur”.

5. The plaintiffs herein are the life member and are members of the
General Council of the society. The General Council of the society
is the supreme decision making body which approves and ratifies
any such decision of the governing council in accordance with the
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constitution of the society, which is required to be approved. They

are concerned about the situation of a deadlock that has arisen in the
society which has never happened before and the general life
members who are associated with it have no option but to approach
the court.

6. Defendant no. 1 is claiming to be the new general secretary of the

society and the defendant no.2 is the ex-general secretary. The
defendants no.1 and 2 are claiming themselves to be the general
secretaries as per their respective grounds. Defendant no. 3 to 7 are
the sarparast/veterans of the society who played a role malicious and
counter-productive and in violation of the Hon’ble High Court’s
order dated 20.03.2024 and the constitution of the society.
Defendants no. 8 to 9 are the officers who were directed by the
Hon’ble High Court vide order dated 20.03.2024 in SB CMA
1372/2024 and the connected appeal to conduct the election in a free
and fair manner. Defendant no.10 is the officer who has been
alleged by the sarparast to have role in the appointment of election
officer Priyank Bishnoi in collusion with the District collector.
Defendant no. 11 was appointed as a receiver by an order dated
11.08.2023 of the ADJ-7, jodhpur metropolitan and thereafter has
been rewarded as the current CEO of the society after the election of
23.06.2024. Defendant no. 8’s role was crucial in the appointment
of election officer by the direction contained in the order dated
20.03.2024 passed by the Hon’ble High Court of Judicature for
Rajasthan at Jodhpur in a batch of appeal, the lead Appeal being S.B
C.M.A No. 1372/2023. The relevant portion of the order is being
reproduced herein for the sake of convenience;

11.“(iii) The Collector, Jodhpur is directed to appoint

an independent and impartial Election Officer within
a period of one week of an application been filed for
the said purpose by any of the Patron Members of the
Society.”
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Defendant no. 3 to 7 are the veterans/sarparast who played active

role in subverting the due process of conducting election in
collusion with the Defendants no 8 to 10 and some of the other life
members. Defendant no. 12 is the registrar of societies jodhpur.
Defendants no. 13 to 33 are the elected life members of the society.

7. The Society has a constitution for its effective functioning and

management. The society has two types of membership, viz. Life
and General. There are sarparast members also in the society whose
role is to act only as arbiter and not as decision maker or to interfere
in any decision. At present the Society has 5 sarparast members and
more than 223 life members including the present plaintiffs. The
relevant provision dealing with the composition of the society is as
under;

04:01 THE MEMBERS OF THE SOCIETY:

The members of the society shall be of three kinds:

1. Veteran Member (see 05:02 and 10:01)

The Governing Council of Marwar Muslim Educational

& Welfare Society shall request any person or persons,
who fulfills the conditions as laid down in para 05:02 to
become Veteran Member. But, the number of such
members should not exceed 21.

2. Life Member (see 05:00 & 11:01)

Those persons who fulfill the conditions as laid down in

paras 05:03, 05:04 can become the Life member, subject
to the approval of the Governing Council.

3. General Member (see 05:00 & 11:01).

Those persons who fulfills the conditions as laid down in

paras 05:03, 05:05 can become member subject to the
approval of Governing Council.
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8. The Society has a General Council and a Governing Council. The

relevant provision dealing with the composition of the society is as
under;
04:02 COUNCIL OF THE SOCIETY:

The Society shall consist of two councils:

01. General Council (see 05:09, 10:01, 11:01)

02. Governing Council (see 16:00, 12:01).

The General Council comprises of all the veterans and the life
members and is the supreme body of the society. The relevant
provision dealing with the composition of the society is as under;

05:01 GENERAL COUNCIL:

*The General Council shall consist of all Veteran

Life, and General Members of the Marwar Muslim
Educational & Welfare Society which will have
absolute powers in all the matters of the society. The
condition and qualifications for the membership shall
be as follows: (See 05:02 & 05:03)

The Governing Council comprises of 31 members in total, out of

which 21 members are elected by voting, 4 retiring office bearers of
the outgoing governing council are treated as elected members of
the new succeeding governing council and 6 members from the
community who may or may not be the life members are nominated
from different areas of their respective expertise. The relevant
provision dealing with the composition of the society is as under;

06:01 GOVERNING COUNCIL (SEE 04:02:02 & 12.01):

There should be one Governing Council of the

society.

06:02THE NUMBER OF THE MEMBERS OF THE

GOVERNING COUNCIL:

*The Governing Council shall consist of 31 members

which will be as under :-
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*01. (Twenty-one) 21 elected from Life/General

members out of which at least 18 members
should be from life member.

02. Four (04) members will be the Retiring

President, Vice President, Treasurer and
General Secretary.

*03. The new Governing Council shall nominate (Six)

06 members from the experts of different fields
of the society.

9. The election for electing 21 life members to form a 31 membered

new governing council takes place every 3 years therefore the term
of office bearers of the Governing Council is also fixed for same
period.

06:05 THE TERM OF OFFICE BEARERS AND

GOVERNING COUNCIL:

*01. The term of the Office Bearers and the

Governing Council of the society shall be 3 years.

*02. The term shall be counted from the date of

election of 21 members by the General Council.

*03. In exceptional circumstances the term of

Governing Council shall be upto the date till new
Governing Council take over the charge.

10. For an impending election, the outgoing Governing Council of the

society in its meeting appoints an election officer with the consensus
of the life members. The electoral process as per the constitution
starts with the appointment of election officer.

07:01 ELECTION OFFICER:

(See 04:03:06 AND 07:02 AND 08:00 &

12:01:15 & 17:01)
The existing Governing Council, before 3
months of the expiry of its terms will appoint a
Senior Life Member or a person who could
understand the constitution of the society as
Election Officer for a definite period for the
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constitution of next Governing Council and

election of President, Vice President, General
Secretary and Treasurer.

11. The election of its governing council is governed by the strict

provisions as laid down in its own constitution. The right of voting to
elect 21 members and to be elected to form a governing council
remains with the life members. The society presently has only life
members and no general members.For the electionof 21 members of
the governing council,all the life members are eligible to vote
andseek vote.An informal panel, though not a constitutional provision
isformed to elect 21 members.Panel or group is not a mandatory part
of the society’s constitution and is only made/referred for the sake of
convenience of voters.

The election officer after his appointment is responsible for

carrying out the entire process of election and is accountable for his
acts and omissions. After his appointment the election officer makes
a publication of “Election Programme” in the newspaper besides
sending it by letter to each of the life members. This publication has
to be done by the Election officer and no one else is authorised to do
so. The relevant portion of the constitution which clearly lays down
and defines the role and responsibility of Election Officer is
reproduced hereunder;

06:06 THE ELECTION OF MEMBERS FOR

GOVERNING COUNCIL:

*01.The Election Officer should intimate the Election

Programme by letter besides publishing the
same in Newspaper. This will be deemed to have
been intimated to all the members. The Election
Officer, for election of new Governing Council
notify at least 30 days before the election of 21
members, the date, time and the place of the
election.

*02. Out of 21 members at least 18 members should

be elected from the Life Members.
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*03. To issue two separate lists of General/Life

Members who are eligible for voting and of
those who fulfils the conditions and eligibility to
be elected as member of Governing Council
before one month of the election.

04. The Election Officer shall issue Ballot Paper

consisting of the names of eligible candidates to
be elected as members of Governing Council, on
the day of election, to all General / Life
Members who are eligible for voting and came
to cast their vote.

*05. Provision deleted.

06. The Election Officer after ending of the fixed

time of election, in the same continuation, should
count and declare the results of the election.

*07. Provision deleted.

08:03: PROCEDURE OF ELECTION:

01: The meeting will be started with the recital of

Holy Quran.

02: The proceedings of the meeting must be written.

03: The Election Officer after administering the oath
to the new members, shall issue the list
consisting of the candidates eligible for the posts
of President, Vice- President, General Secretary
and Treasurer.
04: The Members of the Governing Council shall try
to elect President Vice President, General
Secretary and Treasurer unanimously in the
interest of the Society.
05: Immediately after election all the four elected
office bearers shall administer an oath.

17:01: DUTIES, RIGHTS AND POWERS OF

ELECTION OFFICER:

01. Election Officer will perform his duties with

great neutrality.
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02. It is compulsory to finish jobs within stipulated

time given by the Governing Council for
election.
03. He is bound to follow the rules as laid down in
the constitution.
04. He can submit report to the General Secretary
against any Life Member who opposes aims,
objects, policy and constitution of the society
during election period.
05.Can utilize the sources of society for election work.

08:01:ELECTION OF PRESIDENT, VICE

PRESIDENT, GENERAL SECRETARY AND
THE TREASURER:

The Election Officer after the election of the new

Governing Council shall call for one meeting
under his chairmanship in respect of newly
elected members of the Governing Council and
retiring office bearers viz. President, Vice
President, Treasurer and General Secretary
within seven days for the election of President,
Vice President, General Secretary and
Treasurer. The quorum of the meeting will be 22
members.
08:04: IN CASE OF NOT UNANIMOUS IN ELECTION:

01. The Election Officer shall circulate the list of

eligible person for these posts to the members.
02. The member shall record their opinion for those
to whom they consider suitable for the posts.
03. The Election Officer shall declare the results
after counting the opinion. He will hand-over the
report of the result along with the records to the
General Secretary.
04. If for any post, the opinions are equal, then
again in the same manner the opinion shall be
obtained in respect of persons standing at first
and second position. If again the opinions are
equal, then the lottery system be adopted.
05. The term of Election Officer shall be ended as
soon as the Election of President, Vice
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President, General Secretary and Treasurer are

completed.

12. For the period of election which is relevant for the purpose of this
suit, is 2018-21, 2021-26 and 2024-27.

Manner in which previous elections were held in terms of the

society’s constitution:

The term of the society’s governing council for the year 2015-18
ended on 05.08.2018.Afresh election was to be held before
12.08.2018 for the election year 2018-21. As provided in the clause
07:01 of the constitution of the society, the then Governing Council
in its meeting dated 06.05.2018resolved to appoint Abdullah Khalid
Qureshi as theElection Officer to conduct the election forthe
election year 2018-21, which is 3 months beforethe expiryof the
termsof the governing council. Pursuant to this resolution, the
General Secretary of the Society, issued an official letter dated
08.05.2018 to the Election Officer intimating his appointment
officially as the Election Officer.The letter dated 08.05.2018 also
accompanied a list of the members who were eligible to vote and
who were eligible to be elected as a member of the Governing
council. This list was provided in accordance with the list available
with the Registrar of Societies Jodhpur available with them as on the
date when the electoral processbegun in2018.Thus the electoral
process began with the appointment of Election Officer in term of
section 07:01 of the society’s constitution.

Thereafter as per clause 06:06:01 of the constitution, the

Election Officer on 25.06.2018 made a publication in the newspaper
and in addition issued letters to the life members informing them
about the election schedule.On 02.07.2018 as per the election
schedule, the Election officer issued a news publication and notice
to all the life members that as per the election schedule the list of
members eligible to vote and be elected has been affixed on the
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notice board of the office of election officer. The notice mentioned

clearly that objections on the list issued on 02.07.2018 shall be sent
by post only and not physically to avoid any kind of mischief and
demonstrate impartiality in the election process. The instructionfor
submission of objections only by post was very carefully thought
over and decided by the election officer to avoid and alleviate any
suspicion on the last minute and oblique objection or opposition and
keep a clear proof and record of all those objections if any received.
The election officer also instructed in the notice dated 02.07.2018
that any objection received without documentary evidence regarding
the objection shall not be entertained. The objections were directly
to be sent to the election officer by Indian post as mentioned at para
5 in the notice dated 02.07.2018.There were 21 objections received
by the election officer which were duly replied and formed part of
the election record as also recorded in the report of the election
officer sent to the general secretary of the society on 07.08.2018.
Also important to note is that the notice dated 02.07.2018 mentions
that the objections were to be addressed to and to be received by the
election officer as he was responsible for conducting the election
from the date of his appointment as election officer. On 23.07.2018
the election officer issued a news publication and notice intimating
the members that the final list of those eligible to vote and getting
elected has been affixed on the notice board and was also available
on the website of the society“www.marwarimuslim.in” and on the
basis of this list election shall be held on 05.08.2018 for the year
2018-21.Finally the voting was held on 05.08.2018 pursuant to
which the election officer declared the result and issued a list of 21
members who were elected successfully securing the highest votes.
It is worth mentioning that the election officer duly addressed those
objections as received by him but did not take any decision
regarding removal of life members from the list of voters and those
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eligible to be voted for getting elected as the member of the

governing council.

After declaration of the result the election officer called a

meeting of all the elected members andall the retired office bearers
of the previous Governing council of the election year 2015-18. The
meeting was attended by the newly elected 21 members and 4
retiring office bearers i.e. 25 members in all. As per clause 06.02:02
of the constitution the retiring office bearers were automatically
made members of the new Governing Council as they had to be
treated as elected members. All the newly elected 25 members (21
elected + 4 retiring office bearers) were asked to take oath.
Immediately thereafter the election officer issued a list of members
eligible for being elected as 4 office bearers from amongst the
elected members of the Governing Council. After electing the four
office bearers they were administered oath by the election officer
and the previous office bearers transferred their charge to the newly
elected office bearers, after which the election officer declared the
election having been concluded and the newly elected president took
over to preside over the remaining meeting of the newly elected
governing council. In the same meeting it was decided by the
Governing council to nominate 6 members from different expertise
and fields of the society as provided in clause 06:02:03 and
accordingly 6 members were nominated as per this clause.In the
same meeting as per clause 04:01 and 05:02 seven different persons
were appointed as sarparast/veterans by the Governing Council.
Pertinent here at this juncture is to mention that sarparast are
appointed on invitation and request by the newly formed Governing
council but they do not form part of the Governing council and have
no power whatsoever except as provided in the clause 10:01 ofthe
constitution of the society. The general secretary by a letter dated
06.08.2018 intimated the 6 persons nominated as per clause
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06:02:03 about their nominationas members of the Governing

council.

On 07.08.2018 the election officer sent a detailed report to

the General Secretary giving every detail of the manner and process
adopted in the election till its conclusion and enclosed the election
material including ballot papers in sealed cover.

Thus every exercise in furtherance of the election of

Governing Council in the election year 2018-21 was being carried
outsolely by the election officer without any interference or
intervention by any of the members of the governing council or the
General Council or sarparst. No member of the Governing Council
or the General Council, elected or otherwise could have taken or did
take any decision or influenced the process of election directly or
remotely at any stage.

The relevance and necessity to dedicate this paragraph 12

hereinis to explain the detailed stepwise procedure in which the
election has been conducted in the plaintiff society and also to
advert the attention of this Hon’ble Court towards the full proof
manner in which the election officer conducted the election leaving
no scope of doubt or suspicion at any stage.

Accordingly the election for the election year 2018-21 was

also conducted and the new governing council was formed which
completed its full tenure.

13. Election for the year 2021-26 pursuant to the amendment in

constitution:
In the year 2020 an amendment was made in the constitution of the
society and the term of the office bearers was increased from 3 to 5
year. Therefore the electionin the year 2021 was conducted for 5
years i.e. for the year 2021-26. Accordinglythe society conducted its
election for the year 2021-26on 01.08.2021 after which the
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governing council was duly formed on 02.08.2022 after declaration

of result and all the elected members were administered oath. All
the procedure of the election was duly followed in accordance with
the provisions of the constitution of the society. The newly elected
governing council functioned for more than 5 months and all the
decisions were duly being taken by the newly formed governing
council.

14. Challenge to the election of 2021-26:

Few of the elected members of the governing council challenged the

result of election dated 01.08.2021 for the year 2021-26 before the
court of ADJ-7 Jodhpur Metropolitan on 10.01.2022 in a civil suit
being civil original suit no. 10/2022 (NCV no.18/2022). This civil
suit was filed after a lapse of almost 5 months,inter alia on the
ground of alleged amendment in the constitution of the society. All
the plaintiffs in that civil suit had taken oath and had joined the
governing council of 201-26 which functioned for more than 5
months. The Court of Hon’ble ADJ-7 Jodhpur Metropolitan passed
an interim direction in an application in Civil Misc. Application
11/2022 filed by under O 39 R 1 & 2 vide a detailed order dated
11.08.2023 of the CPC passing a number of directions restraining
the then governing council from carrying out any function and
instead directed the district collector to appoint a receiver to look
into day-to-day affairs of the society.
The District collector on 02.02.2024, in terms of the order
dated 11.08.2023 appointed Shakeel Parvez as a receiverand has
been arrayed herein the plaint as a Defendant no.11 who played a
crucial role in facilitating the illegality having been perpetrated in
the election dated 23.06.2024 with the apparent and proven
collusion of sarparast and other life members, leading to the filing of
present suit. After the election this person has been rewarded with a
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post of CEO of the society which is in grossly abusive of the spirit

of the order dated 11.08.2023 and 20.03.2024.

15. Challenge to the order dated 11.08.2023 passedby ADJ-7:

The order dated 11.08.2023 passed by the ADJ-7 in the Application

under O39 R 1 &2 of the CPC was assailed before the Hon’ble High
Court of Judicature for Rajasthan at Jodhpur on 22.08.2023 in 4
different appeals by different set of elected Life members, who were
also a part of the then Governing Council. The lead appeal was S.B.
CMA no. 1372/2023. The other connected appeals being SB CMA
No.1423/2023, 1424/2023, 1465/2023.

The Appeals were disposed of by the Hon’ble High Court

videa common consent order and with the disposal of this appeal the
Civil Original Suit 10/2022 then pending before the ADJ-7, Jodhpur
came to be disposed off and the entire civil proceedings before the
ADJ-7 in Civil Original Suit 10/2022came to an end. The Hon’ble
High Court vide the consent order passed a series of directions.

The Hon’ble High Court in the lead and connected Appeal

1372/2024 passed the following directions vide its order dated
20.03.2024 which is summarised in para 11 of the order;

11.“In view of the specific terms of agreement

having arrived into between all the parties, all the
appeals as well as the suit itself are disposed of
with the following directions:

(i) The alleged amendment introduced in the bye-

laws (proposed in the meeting of the Governing
Council on 02.02.2020 and in the meetings of the
General Council on 01.03.2020 and 15.08.2020) is
declared void and ineffective.

(ii) The present Governing Council

constituted/formed in pursuance to the elections
conducted on 01.08.2021, is dissolved and fresh
election is directed to be conducted.
 19

(iii) The Collector, Jodhpur is directed to appoint

an independent and impartial Election Officer
within a period of one week of an application been
filed for the said purpose by any of the Patron
Members of the Society.

(iv) The Election Officer so appointed shall get the

election conducted strictly in accordance with the
Bye-Laws of the Society and complete the process
within a period of two months of his appointment.

(v) The Receiver as appointed by the learned trial

Court vide the order impugned is directed to
continue till the fresh elections are conducted and
the new Governing Council is elected/constituted.

(vi) The Receiver shall handover the complete

charge to the newly elected/constituted Governing
Council soon after its formation.

(vii) The Receiver is directed to function strictly in

accordance with the bye-laws governing the
Society with a limited purpose to maintain the daily
affairs of the Society. It is made clear that the
Receiver shall not be entitled to take any policy
decision pertaining to the Society.

(viii) It is directed that the Receiver shall function

strictly in supervision of Patron members of the
Society.

(ix) It is held that defendants No.2 to 5 would be

entitled to contest the election if the Rules
prevailing prior to the amendment introduced in
year 2020 hold them eligible for the same.

(x) Direction No.5/Relief No.5 as granted by the

learned trial Court pertaining to the direction
issued to the Principal Secretary, Higher
Education, State of Rajasthan to conduct an audit
of the Society of the last five financial years, is set
aside.
 20

(xi) It is observed that defendants No.16 to 20 i.e.

the present elected candidates, would be under a
liberty to move an application before the newly
elected/constituted Governing Council to conduct
an audit of the accounts of the Society. The
Governing Council shall pass appropriate
orders/act upon the said application/request
strictly in terms of law.

13. Stay applications and all other pending

applications stand disposed of.

14. Civil Suit No.10/2022 pending before the Court

of Additional District Judge No.7, Jodhpur
Metropolitan also stands disposed of.

Thus, the amendment in the constitution of the society introduced in

the year 2020 was declared to be “void and ineffective” by a consent
orderwiththe mutual agreement between the contesting parties.The
elected governing council for the election year 2021-26 which was
formed for 5 years was dissolved and the district collector Jodhpur
was directed to appoint an election officer to conduct the election.
The reason behind directing the collector to appoint an election
officer was that, as per the constitution it is only the governing
council which is vested with the power to appoint an election
officer. Since the governing council was dissolved, all the other
members including life, general and the veterans/sarparast were
stripped of their respective powers and therefore the District
collector’s assistance in conducting the election was directed. It is to
be clarified herein that the direction to run day-to-day affairs to the
receiver was under the supervision of sarparast, however in
conducting the election it was only the election officer who was to
conduct election and no sarparast was allowed to supervise or
interfere in any manner directly or indirectly in the election process.

Para iii and iv of the order reproduced above, directs the

District Collector to appoint an independent and impartial election
 21

officer and then to conduct the election strictly in accordance with

constitution of the society.
The emphasis of this Hon’ble Court in the order dated
20.03.2024 was to quickly conduct the election so that the day-to-
day functioning of the society could be handed over to the newly
formed governing council and the society doesn’t suffer.

16. Non-compliance of the order dated 20.03.204 by the sarparast

and deliberate delay in writing to the district collector for
appointing election officer:

Till around 30.03.2024, after passing of the order dated

20.03.2024, no application was given by the sarparast to the district
collector in terms of the para iii of the above order, for appointment
of an election officer and this inordinate delay was malafide without
explanation, especially when the election had to be completed
within a period of 2 months.

The Life members addressed letters and reminders to the

sarparast to write letter to the district collector requesting him to
appoint an election officer, but to no avail and no letter was written
to the collector till around 26-27th of March. Thereafter an
application was made to the District collector by one of the
sarparast, Mr. Ismael Qureshi requesting him to appoint an election
officer at the earliest. The rest of the 4 sarparast did not approve of
this act of Ismael Qureshi as they did not want an early election and
they also opposed the appeals that were filed assailing the order
dated 11.08.2023 of the ADJ-7 in Civil original Suit no.10/2022.

17. Appointment of Priyanka Bishnoi ADM, Jodhpur as election

officer and threat of contempt of court to the district collector
by the sarparast and appointment of Mahaveer Singh Jodha as
the new election officer:
 22

The District collector Jodhpur pursuant to the letter of Ismael

Qureshi appointed Ms. Priyanka Bishnoi, Assistant Collector,
Jodhpur (now deceased) as the election officer vide office order
dated 02.04.2024 bearing no. MMEWS/ Society/Election/2024/365.
She was appointed to conduct the election of society strictly in
accordance with its constitution as amended up to 2011 and directed
by the Hon’ble High Court in its order dated 20.03.2024. The
district collector in its order of appointment of election officer, made
it categorical that the “entire election process has to be carried out
by the election officer” within 2 months from the date of his
appointment. Thus, the election ought to have been completed latest
by 02.06.2024.

Late Ms. Priyanka Bishnoi promptly instructed the receiver of

the society vide a letter dated 08.04.2024 to provide all the
necessary documents and information related to the election. As she
was an unrelenting officer and had the history of upholding rule of
law, the respondents in the appeal 1372/2023 did not want an early
election as they had the apprehension of losing election.Therefore in
collusion with the sarparast, a legal notice dated 10.04.2024 was
issued to the district collector making insinuations and malicious
allegations against the deceased officer and also threatening with a
contempt of court against him if Late Ms Priyank Bishnoi is not
changed.The receiver did not reply to the instruction of Priyanka
Bishnoi and did not furnish her the relevant documents as he was
waiting for the change of election officer as he was hand in gloves
with the sarparast.It is noteworthy here that the sarparast had no
business to send a legal notice to the collector threatening him with
contempt of court for not changing Priyank Bishnoi.

The contents of the legal notice dated 10.04.2024 are worth

referring herein to understand the role of District collector, &the
sarparast in changing the course of free and fair election in a gross
 23

and contemptuous violation of the High Court order dated

20.03.2024.

The sarparast in the legal notice dated 10.04.2024 made bald

allegation that the request for appointing an election officer was
dealt at the level of another ADM, Sunita Pankaj who in collusion
with Anwar Ali Khan got Priyank Bishnoi appointed as the election
officer as she was close to him. These allegations were made
without an iota of evidence documentary or otherwise and the
audacity of the sarparast in making such allegation against a
government official is worth underscoring.

The District collector immediately after this legal notice was

sent, issued another order dated 19.04.2024 bearing no. 217/2024
removing Priyanka Bishnoi and appointing Mahaveer Singh Jodha
as the new election officer. The reason given by the District
collector, in removing Priyanka Bishnoi and appointing Mahaveer
Singh Jodha, was non-speaking, mechanical without application of
mind, and had the only inference of bringing the District collector
under undue pressure and maligning the reputation of late Priyanka
Bishnoiso that either she is replaced or a new election officer is
appointed and a smokescreen of unfair election is created even
before the election was held which could be usedas a pretext further
delay the conduct of election.

Noteworthy is the fact that the District Collector removed late

Priyanka Bishnoi and appointed Mahaveer Singh Jodha without
even thinking of the fact that the order dated 02.04.2024 was issued
by himself and any allegation of collusive appointment implicates
him as well. Further such allegation had the potential of affecting
the ACR of late Priyanka Bishnoi and the district collector himself,
which facts were not even given a thought. Further no such enquiry
whatsoever was conducted by the District collector to find out the
truth of collusive appointment of Priyanka Bishnoi as alleged in the
 24

legal notice. A letter dated 28.11.2024 inthis regard was written to

the district collector to find out if any such enquiry was conducted
prior to the election or even after election, which has not been
responded till date. The administrative responsibility of the District
Collector was to conduct an enquiry even after removal of late
Priyanka Bishnoi as the allegations were serious and had the
implication of committing contempt of the Hon’ble High Court’s
order dated 20.03.2024.

No such enquiry was ever held neither the letter dated

28.11.2024 was responded by the district collector which has the
only logical inference that the legal notice dated 10.04.2024 by the
sarparast was the successful attempt to subvert the course of free
and fair election which could have been done by late Priyanka
Bishnoi which was not allowed to be done, which is proven from the
acts and omission of the newly appointed election officer Mahaveer
Singh Jodha which has been documented at every stage of the
election process from 19.04.2024 to 24.06.2024 and are being made
part of this suit in the form of evidence.

18. Mahaveer Singh Jodha after his appointment as the election officer,
as expected started delaying the election process. He issued his first
order on 03.05.2024, after 15 days instructing the receiver to furnish
copy of the election material which is demonstrative of the
procedure adopted for election in the society. Thus, a delay of more
than 30 days was done from 02.04.2024 in just issuing the first letter
by Mahaveer Singh Jodha the newly appointed election officer. The
change in the election officer by the district collector without any
reason, and inordinate delay in starting the election processhad
already created doubt in the minds of the life members that the
election would not be conducted in a free and fair manner and
therefore, a series of communications were addressed to the election
officer, the District collector, and the sarparasts. None of the letters
 25

have been responded by any one of them till the election was
conducted on 23.06.2024.

19. Persuaded by the apprehensions that later proved to be correct that

arose in the minds of life members, a detailed letter dated
13.05.2024 was written to the election officer requesting him to start
the election process, the first step in which was to declare election
schedule by issuing letter besides news publication as per clause
06:06 of the constitution of the society. This declaration of the
election schedule 30 days before the date of voting is mandatory
provision. The same day a list of provisional members eligible to
vote and get elected has also to be issued in terms of the provision
06:06. This letter was not responded by the election officer.

20. Constrained of the silence from the election officer, one of the life
members through his advocate Dhanesh Saraswat sent a letter to all
the sarparast that he apprehends manipulation in the list of life
memberswhich is being done by them in collusion with the receiver
shake lparvez. They also made it clear and categorical that they have
information of the voter list getting manipulated and names are
being removed and that no name can be added or removed in the list
however, in a malafide the list is being manipulated, which shall be
a contempt of court for wilful disobedience of the order dated
20.03.2024.

21. The Election officer Mahaveer Singh Jodha wrote a letter dated
08.05.2024 to the then receiver shakeel parvez to promptly provide a
final list of life members who are eligible to be elected as 21 life
members of the governing council and those who are eligible to
vote. Since this letter was addressed to the receiver because he was
managing the affairs of the society and was custodian of all the
election related materials. The list was to be provided by the
receiver in accordance with the list of previous elections as available
with the registrar of the society, Jodhpur.
 26

22. The receiver did not respond to this letter of the election officer and
instead the sarparast issued a public notice dated 15.05.2024 in this
regard under clause 06:06:01 of the constitutionof the society and
released a provisional list of 234 life members who were eligible to
vote and be elected as members of the governing council. The
sarparast here from started interfering in the election process and
changed its course. Only the election officer is authorised to issue a
public notice under this provision and no one else.

The public notice dated 15.05.2024 which was issued by the

sarprast has interesting facts which shows the manner in which
election officer was sidelined and the manipulated list of life
members were being prepared by them in collusion with the other
life members.The receiver did not furnish the list to the election
officer at any point in time.

The public notice for previous elections had categorically

mentioned that objections would be invited from the life members
regarding the provisional list only by post. In a contrast the public
notice dated 15.05.2024 issued by the sarparast had deliberately
removed the option of sending the objection by post. This removal
was purposeful, deliberate, and intentional to achieve the nefarious
design of removing the names from the list of life members. It was
also mentioned in the public notice that all the objections received
towards the provisional list dated 15.05.2024 will be affixed on the
notice board of the society and on 22.05.2024 and 23.05.2024 the
objections received by the sarparast will be disposed of after giving
a hearing and the final list shall be affixed on the notice board of the
society on 24.05.2024. The letters /objections received by the
sarparast were not affixed on the notice board of the society, which
was reported to the sarparast by letters dated 22.05.2024 and
30.05.2024. The non-affixation of objections received on the notice
board which was also demonstrated by way of photographs of the
notice board of the society taken by the life members on 22.05.2024
 27

along with the newspaper.On 16.05.2024 letter was written to the

sarparast that they had no power tobe involved in the election or any
procedure of the election of the society.

23. Interestingly one of the sarparast, Ismael Qureshi addressed a letter

dated 21.05.2024 to the District collector expressing his displeasure
and discontent that the acts of the sarparast was not in accordance
with the provisions of the constitution ofthe society. That they had
no power to prepare and publish the final list of the life members.
The District collector did neither take any corrective step nor did he
respond to this letter written by Ismael Qureshi, who was the
sarparast himself.

24. Aletter dated 22.05.2024 was written to the district collector

Jodhpur by Akhtar Hussain, one of the life members, informing him
that no step has been taken towards conduct of the election by the
election officer since his appointment. He was also informed
through this letter that as per the constitution of the society it is only
the election officer is authorised to carry out the election process
from the date of his appointment. However, illegally the sarparast
have invited objection on the provisional list of the life members,
which has already been informed to the election officer by other life
members on 22.05.2024 itself. It was requested through this letter
that either the election be conducted in a free and fair manner or the
election officer be changed so that the order dated 20.03.2024 be
complied with. The collector conveniently chose to not respond to
this letter.

25. Some of the life members without prejudice to their original and
previous contention challenging their power to interfere in the
election process and come out with the list of life members,wrote a
letter to the sarparasts on 22.05.2024 that as per the schedule
published on 15.05.2024 a list of all the objections received in
respect of the life members were to be published on the notice board
 28

of the society by 21.05.2024, however no such list of objection

received had been published on the notice board till 03:15 p.m. on
22.05.2024 and even after that. In fact no such objection was ever
affixed on the notice board and made publicintentionally depriving
the respective members to take timely measures and remedies as
available in the constitution of the society. This letter was duly
received in the office of the society however it was never responded.
The sarparast could not have published any objection as on
21.05.2024 till the date of election i.e. 23.06.2024 and even after
that as there was no objection ever received. Therefore the letter
mentioned categorically that since no objection has been affixed on
the notice board as on 22.05.2024 when the last date of display of
objection was 21.05.2024, therefore there has to be the only natural
and logical inference and meaning that no such objection has ever
been received which means that you do not have any objection
regarding the provisional list of life members that was issued on
15.05.2024 which is the only and final list and therefore also they
have no right to make any change in the provisional list which shall
be the only and final list of life members eligible to vote and also get
elected for the governing council. The life members also
photographed themselves in front of the notice board of the society
along with the newspaper of 22.05.2024 showing that there was no
objection affixed on the notice board which were purportedly
received by the sarparast.

26. Aletter dated 22.05.2024 was addressed to the district collector by

Mohd. Atique regarding irregularities in the election process and
also requested the district collector to provided level playing field in
the election. It was also informed to the district collector that the
election officer is not conducting the election in free and fair
manner.

27. One of the life members Mr Akhter Hussain filed a writ petition
before the Hon’ble High Court on 23.05.2024 bearing no.
 29

9166/2024 against the district collector wherein few reliefs were

sought for a free and fair conduct of the election on 23.06.2024. The
Hon’ble High Court after hearing the case passed a detailed order on
11.06.2024 after considering the reply filed by the then receiver
shakeel parvez, which by a bare perusal showed that it was filed to
back the stance of the sarparasts, who had been perpetrating
illegality. The Hon’ble High Court passed the order in agreement
with both the parties which is as under;

1. Heard learned counsel for the parties.

2. Learned counsel for the petitioner submits that the
petitioner does not want to press relief Nos.1, 2 and 4
of the Writ Petition at this stage.
3. Reply filed by the respondents be taken on record. So
far as relief No.3 is concerned, both the parties are in
agreement with the following terms:-
(i) The process of voting in the voting room will
be videographed, except the “scene of casting of
actual vote” by voters.
(ii) The process of sealing and unsealing of ballot
box shall also be videographed in presence of all
the candidates/their authorised representatives
and parties of the present writ.
(iii) The casting of vote by voters shall be made by
affixing of a rubber stamp as previously used in
general elections, instead of tick mark before the
name of the candidates.
(iv) The process of counting of votes shall be
undertaken in presence of candidates/ their
authorised representatives of both the parties and
videography of this process shall also be done.
(v) All videographed record shall be sealed and
preserved.
5. With the aforesaid observations, the instant writ
petition stands disposed of. Stay application also
stands disposed of.

28. That on 23.05.2024 the election officer Mahaveer Singh Jodha after
more than a month for the very first time issued a public notice
 30

declaring the schedule of election after his appointment in terms of

clause 06:06:01 of the constitution of the society. Thus, two notices
under 06:06:01 was issued in this particular election, one by the
sarparast on 15.05.2024 and another by Mahaveer Singh Jodha on
23.05.2024. This is the most serious of irregularities which was not
paid heed to neither by the district collector nor by the election
officer and provision of the constitution of the society was allowed
to be violated with impunitywith no fear of violation of the order
dated 20.03.2024 of the Hon’ble High Court.

29. One of the life members, Abdullah Khalid Qureshion 24.05.2024,

immediately upon finding that his name having been removed from
the list of life members published on 24.05.2024 eligible to vote and
eligible to be voted for getting elected as the members of the
governing council, addressed a letter to the District collector
registering his protest. It is pertinent to mention thatAbdullah Khalid
Qureshi has been life member of the society for about a decade. The
letter also mentioned and requested the district collector to add the
names of all the life members whose names were removed.

30. A letter dated 27.05.2024 was addressed to the District collector by

few of the life members stating that the removal of names of the life
members was illegal act on the part of the sarparast. It was also
mentioned that those members were removed without even giving
any opportunity of hearing to them. It was also mentioned that as
per the principles of natural justice opportunity of hearing is
mandatory to be given to the affected parties, in failure of which any
such precipitative action ismalicious, illegal, vitiated by malafide,
and fraudulent. It was also mentioned in the same letter that the
entire process of election be videographed, the receiver and his
persons be restrained from getting involved in the election process
in any manner, and government staffs be involved to conduct the
election and any such expense incurred for such activity shall be
borne by the society.
 31

31. Anapplication under RTI dated 28.05.2024 was filed by one of the
life members, Yusuf Khan for furnishing information regarding the
objections received, and proofs against them in respect of the life
members whose names were removed fromthe list of life members.
The receiver who was the custodian of all the election related
document, did neither provide the required information nor did he
reject this application, or even respond to this letter. The only
logical and natural inference that can be drawn from this silence and
omission on the part of the receiver was that there was no objection
received at all before the election. Objection received if any was
manufactured later on in an afterthought as they were not fixed on
the notice board of the society on 21.05.2024 as per the schedule
published on 15.05.2024 by the sarparast.

32. A letter was addressed to the election officer on 30.05.2024 by the

life members narrating the entire facts since the appointment of
election officerthe manner in which the election was being
conducted by flouting the established practice and in violation of the
constitution of the society, with utter impunity and no fear of rule of
law.This letter was not responded by the election officer. In fact
none of the letters addressed to the election officer was ever
responded or paid heed to at any stage during the entire election
process. The silence and omission on the part of the election officer
at all the time of election has the only inference of his collusion with
the sarparast to manipulate the process of election and its final result
in favour of few selected members who had the open support of
sarparast.

33. The life members again addressed a letter dated 01.06.2024 to the
sarparast informing them about the wrongs being committed by
them and their complicity in sabotaging the election process and
subverting the eventual outcome of the election by all sorts of the
violation and manipulation at every stage ever since the election
officer was appointed. It was also apprised and reminded to them
 32

about their role as defined in the constitution of the society which is

to act as arbiter and extend practical help in addressing the issues
being faced in the conduct of election.

34. Another letter was written to the sarparast on 01.06.2024by the life
members mentioning that despite several letters raising issues of
serious irregularities in the conduct of election, no remedial steps
have been taken so far and there is no change in their biased
approach and therefore a meeting of all the life members be
convened so that the provisions of the constitution of the society ca
be discussed and understood in case of any doubt amongst the
members and election be conducted strictly in accordance with its
provisions. As expected the sarparast did not respond to this letter
and the illegalities and irregularities in the conduct if election was
allowed to be continued under their watch, supervision, approval
and complicity.

35. Another letter dated 04.06.2024 by Mohd. Atique was written to the
sarparast wherein he was reminded that instead of acting as arbiter
in the society they were party to one of the groups who were
contesting election and were influencing election by campaigning
for them which was unfortunate and malafide. It was also mentioned
in the letter that they were party to the High Court proceedings in
which they supported one of the groups and in fact filed affidavits to
that effect, therefore their role was no neutral as is the mandate of
the constitution of the society.

36. A letter dated 10.06.2024 was written to the Election officer by

Mohd. Atique regarding the name of Pathan Khan Imran whose
name was incorrectly added in the list of life members who was
ineligible but was added in the name of eligible voter.This letter also
went unresponded by the sarparast.

37. One of the life members Mr.Akhter Hussain addressed a letter to the
election officerin view of the order dated 14.06.2024 passed by the
 33

High Court in W.P (C)with few suggestions towards the effective

implementation of the order. The election officer again did not
respond to this letter.

38. A letter dated 15.06.2024 was written by few of the life members to
the election officer complaining to him that the receiver of the
society was openly canvassing for one of the groups and he is
spreading false information about few life members. This act was in
gross violation of his term of appointment as the receiver of the
society as directed in the order dated 20.03.2024 of the Hon’ble
High Court and also the law in relation to the role of a receiver
appointed by the court.

39. On 21.06.2024 a letter was written by Mohd Atique to the election

requesting to provide a copy of the sample of ballet papers for the
purpose of education of the voters. It was also requested to direct the
receiver and his associate (Imroz Rafique and Mohd Sabir) from any
activity during the voting and counting process because their
integrity is questionable. The election officer never provided a copy
of the sample of the ballot paper as had been provided in the
previous elections.

40. On 22.06.2024 Mohd Atique along with other life members

addressed a letter to the election officerinforming him that election
is not being conducted in a free and fair manner and in an
established manner in which elections are held.

41. A contempt petition was filed by one of the life members against
shakeel parvez and the defendant no. 1 and 2, which was listed
before the Hon’ble High Court wherein an unconditional apology
was tendered by the contemnors for not conducting the election in a
manner as given in the constitution and directed by the High Court
in the order dated 20.03.2024
42. On 23.06.2024, the voting started as per the notification of the
election officer from 8 a.m. which had to be finished by 1 pm.As
 34

per the provision 06:06:06 of the constitution of the society counting

of votes has to be done in the same continuation after the end of
voting time. In the previous elections the election schedule by the
election officer mentions the schedule strictly as per the said
provision. For the election of 2015-18 and 2018-21 between the end
of voting and the counting of votes there was no break given in
between so as to alleviate any doubt of rigging or manipulating the
ballot papers. After the voting, the ballot box isto be sealed and
unsealed in front of the candidates or their representatives.
On 23.06.2024 the voting started delayed and not at the
scheduled time. After the voting, the ballot box had to be sealed and
unsealed in front of the representative of the candidates, which is
also directed in the order dated 21.06.2024 in W.P (C) 9166/2024
the extracts of which is reproduced above.The election officer left
the election process midway. The representatives of the defendant
no.2 and his other persons were allowed freely to come inside and
leave at their own will. There were unidentified and unauthorised
persons who were allowed inside the voting room. After the voting
the counting process started after a gap of almost 3 hours and went
up till late in the night. The constitution of the society mandates that
the counting has to be done in continuity without a break after the
voting. During counting the place was also changed which was
under direct influence of the defendant no.2. The election officer
allowed mobile phones to be used by the defendant no.2
representatives without restriction. There were eight different tables
set for counting of ballot papers with only two representatives of
each candidates which was not possible to match the ballot papers
and the votes cast in favour of the candidates.

43. That Akhter Hussainand other life members a life member

addressed a letter to the election officer and the district collector on
24.06.2024 for re-counting as the counting process was rigged. The
election officer did not allow the recounting to be done and instead
 35

replied that the letter requesting for recounting is delayed and the
counting process is over, it cannot be done now. This was on
23.06.2024 when the re-counting could have been done easily as the
election of the office bearers had to take place on 24.06.2024.

44. That on 24.06.2024 some of the members spoke to the election

officer and requested him to allow a time of few days for taking oath
as they cannot be compelled because the constitution of the society
mandates that the oath to the elected members can be administered
within a period of 7 days and there was no mandate to the election
officer to get the oath administered immediately upon election
within 24 hours. The election officer in collusion with the other
elected members compelled some of the members who had doubt in
the election result, to take oath. The election officer in the presence
of only 12 members administered them oath. Thereafter the election
officer conducted the election of the office bearers the same day
without even waiting for all the elected members to join the election.
Everything was done in a manner which raises ample and reasonable
doubt in the entire election process. The election officer did not even
include names of the candidate who were eligible for being elected
for the post of office bearers and their names were deliberately
omitted in collusion with the other elected members.Few of the life
membersaddressed a letter to the Sub-Registraralso informing and
complaining about the manner in which election has been conducted
and the governing council on 24.06.2024 was made without any
qoram. No action was taken on this complain. Any election of the
officer bearers without coram is an exercise which is non-est void
ab initioand not recognisedin the eyes of law. In effect, and in law
the election officer did not conduct the election properly and
conclusively and as per law. The actions of the election officer
raised further complications and commotion amongst the members
of the society. Furthermore on 24.06.2024 after the so called
 36

election of the office bearers the so called governing council took

some major malafide decisions in an act of vengeance.

45. That on 14.11.2024 an application under 173 (3) of the BNSSof

2023 by one of the life members Mohd. Abid who was a governing
council member of the against few of the members who played key
role in the rigging of election. The Police registered an F.I.R on
08.01.2025 against the accused persons under section 419, 420 and
120-B of the Indian penal Code which shows that no meeting as
alleged was ever held on 24.06.2024 in which the governing council
has been alleged to have taken place.

46. A letter was written to the district collector on 28.11.2024 by one of

the life members asking him if any enquiry has been done in respect
of the legal notice dated 10.04.2024 sent by the lawyer of the
saparast which alleged that the district collector and Mohd Atique,
Anwar Ali Khan and Abdullah khalid. This letter also has not been
responded by the district collector. The silence on the part of the
district collector has the inference of the election having been
influenced by the sarparast by creating undue pressure and bald
allegation on the district collector and the election officer.

47. A letter dated 15.07.2024 was written by 66 life members to the then
illegally appointed General secretary and president to call a meeting
of the general council in accordance with the constitution of the
society to discuss the issue being faced by it.The three life members,
Mohd. Abid, Zakir Hussain Chundrigarh and Rafique Khokhar
dissociated themselves form the so called governing council of
24.06.2024 which was illegal, and formed a new governing council
on 22.10.2024vide a meeting dated 21.10.2024. Thedecision of the
governing council was recognised by the general council on
25.10.2024 and thus the new governing council was formed with a
majority of 11 elected member. In the meeting 6 members were
nominated, thus the total strength of the governing council was 17
 37

and the general council approved of the decision to terminate the

previous governing council. Thus the society has a newly formed
governing council with a majority of 11:9 elected members. The
situation currently in the society is that no resolution can be passed
because the previous governing council has lost majority. They have
only 9 elected members and the new governing council which has
been approved by the general council on 25.10.2024 is not being
allowed by the previous governing council to function, thus
superseding the decision of the supreme body of the society.

48. The previous governing council after they took control of the society
started mismanaging funds, under the control and advise of shakel
parvez. Shakeel parvez was appointed as the receiver by the order
dated 11.08.2023. After the election, his role was over and he should
have left the society. However shakeel parvez, bartered with the
previous governing council that for his active and malicious actions
in favour of the previous governing council, he will get monetary
benefit for which he was appointed as the CEO of the society on a
monthly remuneration of Rs. 95000, with a full time peon, two
assistants, a home maid, a car and a driver which adds up to more
than Rs 3 lakhs a month’s monetary burden on the society.
Previously the post of CEO was held by Mohd Atique, who did not
take a penny for this role. Shakeel parvez actively campaigned for
the previous governing council in election meetings. There are audio
and video evidences that shake parvez was openly campaigning for
one group of Ridmal Khan and vilifying other group of Mohd
Atique, which was in open violation of his role as a receiver. A
complain in respect of this was also sent to the election officer but
he was not concerned at all about any such violation and allowed it
to be carried out with all the impunity.

49. That the cause of action arose when the District collector changed
the election officer Priyanka Bishnoi and appointed Mahaveer Singh
Jodha as the new election officer by a threat of contempt from the
 38

sarparast vide their legal notice dated 10.04.2024. The Sarparast had
no role whatsoever to write such threatening letter to the District
Collector. The cause of action further arose when the sarparast
started interfering in the election process by making public
announcements on 15.05.2024. It further arose when the election
officer was informed about the irregularities in the election process
on several occasion and he did not take any remedial measure to
address the issues. Cause of action arose when the election officer
rejected the request of deferring the oath taking by the members.
Cause of action also arose when the election officer was asked to
give some of the members time to join the oath taking and he
proceeded in the absence of the required coram. Cause of action
arose on several other occasion also when the general council
approved the newly formed governing council on 25.10.2024 but the
previous governing council despite losing the majority to 9:11 still is
claiming to be the governing council.Cause of action arose on
several other occasion and is continuing till date and an exhaustive
list of other cause of action is not being detailed here for the sake of
brevity and can be gathered from the pleadings above. The plaintiffs
reserves right and crave leave to amend or modify the plaint if need
arises.

50. That the office of the society is located at kamla Nehru Campus,
Jodhpur and therefore this Hon’ble court has the territorial
jurisdiction to hear the present case.

51. The valuation of the suit for the purpose of relief of declarations in
the present case is assessed to Rs. 5,06,000/- on which a court fee of
35,661 is being paid and the valuation of the suit for the purpose of
mandatory and permanent injunction is assessed to Rs. 1200 in total
on which a court feesof Rs. 120 is being paid alongwith the present
suit.
 39

PRAYER

In view of the facts and circumstances mentioned above the

plaintiffs herein prays for the passing the following reliefs in their
favour as mentioned hereunder;

a. Pass a decree of declaration in favour of the plaintiffs that the

election dated 23.06.2024 conducted by the election officer
Mahaveer Singh Jodha, was rigged, illegal, in violation of the
order dated 20.03.2024 of the Hon’ble High Court, and the
constitution of the society and therefore cancel it.

b. Pass a decree in favour of theplaintiffs that the action of the

election officer throughout the process of election since his
appointment was in gross violation of the constitution of the
society and the order dated 20.03.2024 of the High Court.

c. Pass a decree in favour of the plaintiffs declaring that the

action of the sarparasti.e. defendants no. 3 to 7was collusive
with the election officer i.e. defendant no. 8 and 9 and the
other life members of the society who formed the so called
illegal governing council on 24.06.2024.

d. Pass a decree of declaration in favour of the plaintiffs that the

meeting dated 24.06.2024never happened and the then 12
members of the governing council allegedly formed on
24.06.2024 was a fraudulent act based on wholesale forgery
done by them in collusion with each other and therefore
cancel it.

e. Pass a decree in favour of the plaintiffs that the so called

governing council formed without coram on 24.06.2024, be
restrained from discharging any function as the governing
council and passing any decision in the absence of majority
 40

and not to use their alleged position for any activity of the
society.
f. Pass a decree of permanent injunction in favour of the
plaintiff and against the defendant no. 3 to 7 and 11 not to
interfere in any manner in the effective functioning of the
society and assume the role and function of elected members
of the society.
g. Decree in favour of the plaintiffs that the appointment of
defendant no.11 is illegal, collusive, a quid-pro-quo as he was
the receiver appointed by the order dated 11.08.2023, and
after the election on 23.06.2024 he could not have taken any
charge of the society and he therefore be removed from the
society.
h. Pass a decree that the resolution of the general council dated
25.10.2024 approving the new governing council is the final
and binding decision of the supreme body of the society and
the registrar of the society jodhpur be directed to do the
needful in pursuance of this resolution and a decree be passed
so that the functioning of the society is not hampered.

i. In the alternative a decree be passed directing the Rajasthan

Waqf Tribunal to conduct and preside over a fresh election of
the society as soon as possible as provided in the constitution
of the society in a free and fair manner which can be done
under the observation of a retired judicial officer to alleviate
any act of malafide and corrupt practice in the election.

j. Till the time election is held an officer of high credence and

proven credibility be appointed to oversee the day to day
functioning of the society as a receiver and no sarparast or
any other life member be allowed to interfere in his
functioning.

k. The plaintiff be awarded cost of the present litigation.

 41

l. Any other relief as deemed appropriate in favor of the

plaintiffs be provided.

VERIFICATION

We the plaintiffs herein above declare that the contents of the

paragraphs 1-48 in the plaint are true and correct to our knowledge
and belief and are based on the documents available with us. That
we have neither concealed anything nor averred anything incorrect
before this Hon’ble Court. That the averments from para 49-51 are
true and correct facts based on the records and documents.

DEPONENTS

Through

Shahadat Ali, Advocate