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1984 Supreme(Ker) 262

U.L.BHAT
BHASKARA PANICKER – Appellant
Versus
CO-OPERATIVE TRIBUNAL – Respondent


Judgment :-

1. The dispute in this case relates to election to the Board of Directors of fourth respondent Co-operative Society. Petitioner, fifth respondent and several others submitted nomination papers. Nomination paper of fifth respondent was rejected by the returning officer, third respondent on the ground that the members of the Society who proposed and seconded his nomination were disqualified. Against the rejection of his nomination paper, fifth respondent filed an election petition before the second respondent. The Arbitrator found that rejection of fifth respondent's nomination paper was illegal and accordingly set aside the election and directed re-polling to be held. Petitioner filed an appeal before the Tribunal, first respondent. The appeal has been dismissed. The result is that petitioner's election stands set aside. Hence this petition under Art.226 of the Constitution of India seeking to quash the award of the Arbitrator and the Judgment of the Tribunal.

2. Ext. P3 is a copy of the award passed by the second respondent. In Para.4 of the plaint filed before the Arbitrator, it was averred that fifth respondent's nomination paper was rejected on the ground that members












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