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1993 Supreme(Ori) 39

A.K.PADHI, LINGARAJA RATH
KAILASH CHANDRA DANIDAPAT – Appellant
Versus
SECRETARY, BIRABHADRASWAR WEAVERS CO-OPERATIVE SOCIETY LTD. – Respondent


Advocates Appeared:
H.M.DHAR, K.C.LENKA, M.K.MALIK, S.N.KARNIK

L. RATH, J.

( 1 ) THIS batch of cases raises the question of entertainment of petitioners under Articles 226 and 227 of the Constitution of India to challenge the process of election to the committee of management of different co-operative societies to have become vitiated either on account of illegal rejection of nomination papers or for illegal preparation of voter lists of the different constituencies for the purpose of election or for the illegal formation of constituencies. The facts pleaded by petitioners are of palpable illegality in rejection of the nomination papers or of valid members being left out from being included in the voter lists as a consequence of which they are deprived of contesting or voting in the election and therefore the entire election process to have become vitiated. A further allegation is made that different constituencies required to be formed were not done and instead were merged together to constitute a single constituency. The submission of the learned counsel for the petitioners is also that Section 28-B of the Orissa Co-operative Societies Act (hereinafter referred to as 'the Act') is ultra vires as it prohibits any challenge to the election pr









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