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1998 Supreme(SC) 332

SUJATA V.MANOHAR, S.RAJENDRA BABU
Umesh Shivappa Ambi – Appellant
Versus
Angadi Shekara Basappa – Respondent


Order

Leave granted.

2. Election for 11 directors of Respondent 3 Cooperative Bank (sic Society) for the years 1997-98 to 1999-2000 was conducted. The elec­tion results were declared on 23.9.1997. Since there was no contest, the appellants who were the candidates, were declared elected. The first respondent had also filed his nomination paper which was earlier rejected. Thereafter, the first respondent filed a writ-petition before the Karnataka High Court challenging the rejection of his nomination paper.

3. The learned Single Judge dismissed the writ petition holding that the proper remedy for the first respondent was to file an election petition under Section 70 of the Karnataka Cooperative Societies Act, 1959. In appeal, however, the Division Bench has set aside the order of the learned Single Judge and has held that the nomination of the first respondent was wrongly rejected. It has further directed that a fresh calender of events be published for holding an election to the posts of 11 Directors of the respondent Cooperative Society.

4. It is now well settled that once an election is over, the aggrieved candidate will have to pursue his remedy in accordance with the provi­sions of




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