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2004 Supreme(Ker) 424

CYRIAC JOSEPH, K.K.DENESAN
M. Subramanian – Appellant
Versus
Devicolam Taluk Plantation Workers Co-operative Credit Society Ltd. – Respondent


Judgment :-

Cyriac Joseph, J.

1. The appellants are the petitioners in W.P.(C). No.24978/2004, which was dismissed by the learned Single Judge.

2. The appellants are members of the Devicolam Taluk Plantation workers Co-operative Credit Society Ltd. No.K.382 (hereinafter referred to as “the Society”). As per Ext.P1 notification dated 28-7-2004 a meeting of the General Body of the Society was convened on 29-8-2004 to elect a new Managing Committee. The schedule for the election also was contained in Ext.P1 notification. The last date for receipt of nomination papers was 17-8-2004. The date of scrutiny of nomination papers was 18.8.2004. The last date for withdrawal of nomination paper was 19-8-2004. Petitioners 1 and 2, and respondents 4 and 11 were among the persons who submitted nomination papers. On the date of scrutiny of the nomination papers the petitioners objected to the candidature of respondents 4 and 11 on the ground that they wee disqualified for being elected as members of the Managing Committee. According to the appellants, their objection was not considered by the Returning Officer and the names of respondents 4 and 11 also were included in the final list of candidate. H



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