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1991 Supreme(Kar) 485

M.RAMA JOIS, B.N.KRISHNAN
L. RAMAKRISHNAPPA – Appellant
Versus
PRESIDING OFFICER AND ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, BANGALORE – Respondent


Advocates:
A.K.SUBBAIAH, G.D.ASVATHANARAYANA, K.N.SUBHA READY, N.K.Gupta, P.Krishnappa, S.CHANNARAYA REDDY

M. RAMA JOIS, J.

( 1 ) IN these writ appeals, following two questions of law arise for consideration: (1) whether this court has no jurisdiction under Article 226 of the Constitution of India to interfere with any illegality, committed in the course of holding election to the offices of any authority/body, which is regulated by statutory Provisions, if the law provides for filing an election dispute challenging the legality of the election of the candidates declared elected? (2) if the answer to the above question is in the negative, then under what circumstances this court should exercise or should decline to exercise its extraordinary jurisdiction under Article 226 of the constitution?

( 2 ) BRIEF and undisputed facts of the case are these: the 2nd respondent-the taluka agricultural produce co-operative marketing society (t. a. p. c. m. s.) is a co-operative society constituted and functioning under the Karnataka Co-Operative Societies Act, 1959 ('the act' for short ). The area of its operation is Bangalore north taluk. Under Section 16 of the Act, any other co-operative society can be admitted as its member. The agricultural co-operative societies (vyavasaya seva sahakara sanghas







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