IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 5993/2011-F Decided on:29.11.2011 _____________________________________________ Rajpal Singh and another. …Petitioners. Versus Parmod Chauhan and others. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No For the petitioner : Ms. Ritta Goswami, Advocate. For the Respondents: Mr. Vikas Rathore, Dy. A.G. for respondents No. 12 to 14 and 19. Mr. Bimal Gupta, Advocate for respondents No. 11,15 and 16. _____________________________________________________ Justice Rajiv Sharma, Judge (oral). Petitioners filed an election petition before respondent No.12, vide Annexure PA. The same was returned to the petitioners by the Registrar, Cooperative Societies, Himachal Pradesh on 22.7.2011. The Register, Cooperative Societies, Himachal Pradesh has mentioned that since he was impleaded as respondent in the election petition and certain allegations have also been made against him, he has no jurisdiction to entertain and adjudicate upon the election petition. 1 Whether reporters of the local papers may be allowed to see the judgment? No 2 2. The Registrar, Cooperative Societies, Himachal Pradesh discharges his duties under the Himachal Pradesh Cooperative Societies Act, 1968. In case he had to recuse from the matter, it was always open to him to assign the election petition either to Joint Registrar or Additional Registrar for adjudication. Petitioners could not be left without a remedy. 3. Accordingly, the petition is allowed. Impugned Annexure PB dated 22.7.2011 is quashed and set aside. The Registrar, Cooperative Societies, Himachal Pradesh is directed to assign the election petition either to the Joint Registrar or Additional Registrar for adjudication. The election petition shall be decided within a period of three months from the date of production of certified copy of this judgment by the petitioners. Pending application(s), if any, also stands disposed of. No costs. (Justice Rajiv Sharma), Judge. 29.11.2011 *awasthi*