The central legal point established in the judgment is that nominations filed in time can only be rejected if they are not in accordance with the rule or if the proposed candidate is disqualified. The judgment also emphasizes that technical errors in nomination papers should not lead to rejection if the substance is clear.

( 1 ) PETITIONER is a member of the second respondent- co-operative bank undisputedly he is one of the oldest members of the said co-operative bank and has held the post of elected director for twenty-five years.

( 2 ) PETITIONER had filed his nomination paper which was duly received on 18-4-1995 for his election to the board of directors of the respondent- bank which was scheduled to beheld on 26-4-1995. The first respondent was the returning officer. On 20-4-1995 the first respondent took up scrutiny of the nomination papers and rejected the same keeping in view the objection raised by 12 members to the effect that in the nomination paper the petitioner had disclosed his name as m. E. Ibrahim : but in the membership register and the list of voters the same is found to be 'musalmanara e. Ibrahim'. Respondent-returning officer has granted an endorsement to that effect which has been placed at annexure-a.

( 3 ) THIS writ petition had been filed by the petitioner challenging the said act of rejection of his nomination paper with an interim prayer to stay holding of the elections. This court issued Rule on 25-4-1995; and though it rejected the interim prayer as prayed for, it allowed the holding of elections but restrained the respondent from declaring the results of the election without the permission of this court. Accordingly the elections have been held on 26-4-1995 but the results have been withheld.

( 4 ) THE learned counsel for the petitioner has assailed the impugned rejection of his nomination on the grounds that : (i) the rejection is contrary to the Provisions contained under sub-rules (2) and (3) of Rule 14 of the Karnataka Co-Operative Societies Rules 1960 (the rules, for short) ; (ii) the action of respondent No. 3 is actuated by mala fides at the instance and instigation of rivals of the petitioner; and (iii) it suffers from the vice of flagrant and intentional discrimination, inasmuch as the nominations filed by various other candidates in the manner similar to the petitioner have been accepted as valid.

( 5 ) SUB-RULES (2) and (3) of Rule 14 of the rules read as under :" (2) a member desirous of standing as a candidate to the committee of management shall give notice in writing of his desire to the president of the society or any other officer duly authorised by the committee of management in this behalf at least seven clear days before the meeting. A member may nominate any other member or members, who are qualified to be chosen for the committee. The nomination paper shall indicate that the consent of the candidates proposed has been obtained in writing and such writing, together with the nomination paper, shall be delivered to the president of the society or any other officer duly authorised by the committee of management in this behalf at least six clear days before the meeting. The names of candidates whose nomination papers are not accompanied by the writing of the candidates showing consent or received after the prescribed time, shall not be included in the ballot paper or voting slip, " (3) the notice given by the members intimating their desire to stand as candidates and nomination papers delivered under sub-rule (2) shall be scrutinised by the committee of management on a day to be fixed by them which shall be at jeast five clear days before the date of the meeting, of which intimation shall be given to the members desirous of standing as candidates. It will be lawful for the candidates to be present at the scrutiny. The committee shall reject a notice or a nomination paper which is not in accordance with sub-rule (2) or the proposed candidate is disqualified under these rules to be chosen to the committee of management. The committee of management shall endorse on such nomination paper its decision accepting or rejecting the nomination, and if the nomination paper is rejected it shall be recorded in writing a brief statement of reasons for its rejection. After all the nomination paper