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1974 Supreme(Guj) 118

S.H.SHETH
KRISHNA GOPAL JOSHI – Appellant
Versus
ANNYONYA SAHAYYAKARI MANDALI BARODA – Respondent


Advocates Appeared: S.B.MAJMUDAR, VITTHALBHAI PATEL

S. H. SHETH, J.

( 1 ) THE petitioner was a candidate at the election to be held for the directorship of respondent No. 1 (which is a Co-operative Bank) for the year 1972-73. The Board of Directors of respondent No. 1 Bank which is hereinafter referred to as the Society consists of nine Directors. One third of them retire every three years. In 1972-73 three vacancies arose on account of retirement by rotation and were to be filled in. On 14th August 1972 the petitioner filed his nomination paper for being elected to one of the vacancies which had occurred on the Board of Directors of the Society. At the time of the scrutiny of his nomination paper objection was raised to its validity. That objection was upheld by the Society by its resolution dated 16th August 1972 and the petitioners nomination paper was rejected.

( 2 ) THEREUPON the petitioner filed Arbitration Case No. 1 of 1972 before thee District Registrar of Baroda in which he challenged the rejection of his nomination paper. The District Registrar referred the case to the Board of Nominees. The petitioner sought an interim injunction in those proceedings. He obtained it. Respondent No. 8 challenged that order In a revision ap
















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