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1995 Supreme(Ori) 401

D.M.PATNAIK, ARIJIT PASAYAT
MANORANJAN SAHOO – Appellant
Versus
CHANDRA KUMAR PUROHIT – Respondent


Advocates Appeared:
Ganeswar Rath and S. Mishra, for the Appellant; Akhaya Kumar Sahoo, S. Mohaptra, S. Mohanty and S.B. Das (for opp. party No. 1), P.K. Mohaptra, (for opp. party No. 4) and Addl. Standing Counsel for opp. party Nos. 2 and 3, for the Respondent

JUDGMENT :

A. Pasayat, J. - Sole question that arises in this writ application for consideration is whether the petitioner was a defaulter to attract disqualification for contesting election to the office of President, Sambalpur Wholesale Consumer Co-operative Society (in short the 'Apex Society').

2. The factual background as. projected by the petitioner is almost undisputed.

Petitioner filed nomination for the election to the office of President. Notification was issued for the election in question on 24-3-1994. The Sasan Service Co-operative Society (in short, 'the society') filed an application before the Assistant Registrar of Co-operative Societies for a declaration that the society was a non-defaulting society so that the. petitioner would be eligible to contest the election as a Member of Apex Society. The petitioner also, filed a separate application for granting interim order permitting him to contest the election. The Assistant Registrar admitted the case and passed an order of stay. Petitioner filed his nomination on 10-4-1994. Chandra Kumar Purohit ( opp. party No, 1 ) also filed his nomination representing Maneswar Service Co-operative Society. Both the society and opp.















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