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1992 Supreme(Ker) 237

JAGANNADHA RAO, KRISHNAMOORTHY
Anthrayose – Appellant
Versus
Senior Inspector of Co-op. Societies – Respondent


Judgment :-

Jagannadha Rao, CJ. This appeal is preferred against the judgment of the learned Single Judge in O.P.No.7361 of 1992 dated 9-6-1992. The Writ Petition was dismissed in limine, and against the said order the present appeal is preferred.

2. The appellant-writ petitioner was a member of the Co-operative Bank, and was a candidate in the election to the Board of Directors to be held on 28-6-1992. His nomination was rejected by the Returning Officer on the ground that the name of the Bank had not been written by hand, but a seal had been affixed. The said order of the Returning Officer was challenged in the Writ Petition, and a direction by a writ of mandamus was sought to the Returning Officer (first respondent) to accept the nomination papers and permit the writ petitioner to contest the election. The learned Single Judge dismissed the Writ Petition on the ground that the petitioner had an alternate remedy by way of raising a dispute before the Registrar under S.69 of the Kerala Co-operative Societies Act.

3. We have heard learned counsel on both sides, and the learned Government Pleader. The question that falls for consideration before us is whether the alternate remedy unde







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