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2003 Supreme(Ori) 713

L.MOHAPATRA
Thabir Charan Mishra – Appellant
Versus
Member, State Co-operative Tribunal, Orissa – Respondent


Advocates:
For Petitioner:M/s. Pitambar Acharya, S. R. Pati, P. K. Ray, M. R. Mohanty, J. Mohapatra.
For Opp.Parties:A.Government Advocate
M/s. M. Mohapatra, S. D. Tripathy, L. N. Sahoo, S. Prusty, S. Routray,
A. N. Sahu, R. P. Kar,
A. N. Ray, M/s. V. Narsingh T. K. Deo,

ORDER

3.9.2003 — The petitioner who claims to have been elected as President of the Urban Cooperative Bank Limited, Rourkela challenges the order dated 8.8.2003 passed by the Member, Cooperative Tribunal, Bhubaneswar in Case No. MC-156/03 (ED-81/03) rejecting his appli¬cation for vacating interim order passed by the Tribunal on 28.7.2003.

From the record it appears that one Jugal Kishore Guru filed Case No. CTED-79/2003 before the Member, Cooperative Tribunal, Bhubaneswar raising an election dispute with a prayer to set aside/quash election notice dated 12.5.2003, election result dated 13.7.2003 as well as notice dated 15.7.2003 for election of the President with a further prayer to hold de novo election. The Tribunal though entertained the application and admitted the dispute case, rejected prayer for interim orders on the ground that the election process to the office of the President has already been started and it cannot be held up as per Section 28-B of the Orissa Co-operative Societies Act. It further appears that very same election was also challenged by the present opposite parties 2 and 3 before the Tribunal and the case was registered as Case No. 156 of 2003 (ED-81/03).





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