CW 1634/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.1634/2009 Shri Ganganagar Cricket Association & Anr Versus Registrar, Co-operative Societies & Ors. Date of Order ::: 11/02/09 Hon'ble Mr. Justice Ajay Rastogi Dr. Abhishek Manu Singhvi, with Sarva Shri AK Gupta, Ankur Chawla, Rahul Pratap, Abhishek Singh, Sarvesh Singh, for petitioners Mr. GS Bapna Advocate General with Mr. Veyankatesh Garg, Assistant for Caveator respondent No.1. Mr. Jagdeep Dhankhar with Mr. S.S.Hora for Caveator respondent No.3, Mr. Alok Sharma for Caveator respondent No.2 & 4. Instant petition has been filed by Sri Ganganagar Cricket Association assailing order dt. 30/01/2009 (Ann.P.29) whereby Registrar, Co- operative Societies (respondent No.1) in exercise of powers U/s 8(3) of Rajasthan Sports (Registration, Recognition & Regulation of Associations) Act, 2005 (“the Act”), on a complaint made by four members of Cricket Association, has registered the Constitution submitted by Shri Deva Ram Choudhary on 28/01/05. Shri GS Bapna, learned Advocate General appearing for the respondent No.1 (caveator) submits that order impugned is appealable U/s 35 of the Act, 2005 and without exhausting remedy of appeal, instant petition has been preferred; and a Co-ordinate Bench of this Court at principal seat Jodhpur, in CWP-1031/2009 (Vijay Singh Choudhary CW 1634/09 //2// Vs. State & Ors) vide order dt.09/02/09 has dismissed the petition assailing the order impugned in view of alternative remedy of appeal available to writ petitioner U/s 35 of the Act, 2005. Dr. Abhishek Manu Singhvi, learned Counsel for petitioner submits that at the relevant time in the year 2005, the constitution presented by one Shri RS Rathore which was adopted by General Body in its meeting held on 27/01/2005 was finally registered by respondent No.1 vide order dt.27/04/05 and without any authority and in violation of principles of natural justice, the so called constitution submitted by Shri Deva Ram Choudhary has been registered by respondent No.1 under impugned order dt.30/01/09 and thirty days period of limitation is prescribed for filing appeal U/s 35 of the Act against an order of Registrar, Co-operative Societies and since respondent No.1 initiated process of election in pursuance of impugned order dt.30/01/09, in such circumstances, remedy of appeal would nothing but an empty formality because in absence of interim order so as to protect interest of the party, if petitioner is directed to prefer appeal, it would frustrate very purpose of filing appeal. Shri Alok Sharma, Counsel for respondent CW 1634/09 //3// No.2 & 4 (caveator) on the other hand submits that the Constitution submitted by Shri Devaram Choudhary on 28/01/05 was duly adopted by general body of the Association on 27/01/05 and since it is duly supported by 2/3rd voting of members of the association, the same has rightly been registered U/s 8(3) of the Act, 2005 vide order impugned. Learned Advocate General further submits that grant of interim order pendente appeal is an inherent power of the appellate authority and if an application is filed, that would certainly be considered by appellate authority in accordance with law. On the other hand, Counsel for petitioner submits that there is no provision for passing of an interim order under the Act, 2005 and their rights would be seriously prejudice if pending appeal, the same is not protected. However, submissions were also made on merits; but without expressing any opinion at this stage as it may cause prejudice to rights of either side; and taking note of order passed by a co-ordinate Bench of this Court at principal seat Jodhpur, in CWP-1031/2009 (Vijay Singh Choudhary Vs. State & Ors) vide order dt.09/02/09, this Court is also of the opinion that in view of alternative remedy of statutory appeal available CW 1634/09 //4// to the petitioner to the Secretary to the Government, Department of Youth Affairs & Sports, present writ petition is not maintainable and this Court is not inclined to entertain the same in writ jurisdiction; however, considers it proper to protect interest of parties pending appeal. Counsel for petitioner, on instructions, submits that the Association would prefer appeal latest by 16/02/09 before appellate authority; if that be so, this Court considers it proper to keep order impugned dt.30/01/09 (Ann.P.29) in abeyance for a period of two weeks and it is expected from appellate authority to dispose of the appeal expeditiously in accordance with law; and in the meanwhile, respondent No.1 may make ad hoc arrangements for the interest of the Association. With the observations (supra), writ petition stands disposed of. No costs. (Ajay Rastogi), J. K.Khatri/p.4/1634CW09-11Fb.doc