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1988 Supreme(Ker) 303

G.VISWANATHA.IYER
Damodaran – Appellant
Versus
Joint Registrar – Respondent


Judgment :-

1. These two related original petitions concern the elections to the managing committee of the 4th respondent Bank, which is a Co-operative Society registered under the Kerala Co-operative Societies Act, 1969 (the Act for short). O.P. No. 6007 of 1988 came up for preliminary hearing yesterday. Since the questions involved were the same as in O.P.No.5694 of 1988, the learned Government Pleader appeared and took notice on behalf of respondents 1 to 3. The Bank itself had not entered appearance, in the other case though notice has been served.

2. This court does not generally entertain challenges at the stage of scrutiny of nominations for election to the committee of a Co-operartive Society, as they are best left to be agitated in an election petition filed under S.69 of the Act. In fact the Supreme Court has in Muthuswamy v. Natarajan, AIR 1988 SC 616 held that there should ordinarily be no interference at the intermediate stage of an election process under Art.226 of the Constitution. But the facts of these cases and the rejection of the nominations are so revolting to common sense and judicial conscience that I feel these are cases where an exception has to be made.

3. T














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