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1995 Supreme(Kar) 301

G.C.BHARUKA
M. E. EBRAHIM – Appellant
Versus
RETURNING OFFICER TO HOLD THE ELECTION TO THE BOARD OF DIRECTORS OF THE TOWN CO-OPERATIVE BANK LTD. – Respondent


Advocates:
A.K.SUBBAIAH, C.M.MONNAPPA

G. C. BHARUKA, J.

( 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 praye












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