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1993 Supreme(Ker) 48

SREEDHARAN, JAGANNADHA RAO
Abraham – Appellant
Versus
Returning Officer – Respondent


Judgment :-

Jaganadha Rao, C.J.:

This appeal is preferred against the judgment of the learned single judge dismissing the Writ Petition, O.P.No.16063 of 1992 by judgment dated 18-12-1992, on the ground that the appellants-writ petitioners have an effective alternative remedy under S.69(2)(c) of the Kerala Co-operative Societies Act to question the rejection of the nomination papers of the appellants. Though eight persons filed the writ petition, this writ appeal is pressed only by five among them, namely, writ petitioners 1, 2, 4, 7 and 8.

2. The facts of the case are as follows: The election to the Board of Directors of the Naranganam Service Co-operative Bank Ltd., Naranganam, Pathanamthitta, was notified to be conducted as per Ext.P1 notification issued under R.35(3)(a) of the Kerala Co-operative Societies Rules, 1969, Out of nine wards, one is reserved for Scheduled Caste/Scheduled Tribe and another is reserved for women. The last date for filing the nomination papers was 30-11-1992. The appellants filed their nomination papers along with a declaration in the prescribed form. On the dale of scrutiny, namely, 1-12-1992, the nomination papers of the appellants were rejected by the


















































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