GANGAPPA NAGAPPA Vs. MALAPRABHA CO OP SUGAR FACTORY LTD

JUDGEMENT

(1.) The above writ petition was filed along with W.P. No. 1270/1979 as a common petition. In W.P.No. 1270/1979 the petitioner was one Gangappa Nagappa Danannavar. The petition came to be dismissed as not pressed on 25-1-1979.

(2.) In this petition, therefore, only Vyavasaya Sahakari Sangha Ltd., Tarihal, by its representative Ninganagouda Basanagouda Patil, has challenged the correctness of the rejection of the nomination paper of Ninganagouda Basanagouda Patil to the election to the Board of Directors of Malaprabha Co-operative Sugar Factory Limited (1st respondent) for 1978-79 as per the calendar of events issued by the Returning Officer on 12-12-78. The Returning Officer has been made, the 2nd respondent in this petition. On 25-1-1979 three more respondents were added by an amendment as respondents 3,4 and 5. For purposes of disposal of this writ petition, it is sufficient to refer to the 3rd respondent only who has filed an application I.A.No.I for vacating the interim stay order granted in this case. The interim stay of election to category 'C' members in Ext-A, the calendar of events was ordered on 25-1-79. On the same day, emergent notice was issued, to respondents 1 to 5 regarding the issue of rule.

(3.) The petitioner in this petition has invoked the jurisdiction of this Court under Art 226 (b) and (c) of the Constitution praying for the issue of an appropriate writ or direction to quash the notice and calendar of events published by respondent-1 as Per Ext-A and also for the issue of a writ or direction to include the name of respondent-1 in class A of voters list of respondent-1 Society. As stated earlier, the Returning Officer on 23-1-79 rejected the nomination of the petitioner Society's representative in view of the order passed by the Joint Registrar of Co-operative Societies dated 27-10-78 bearing No.D|DSQ!NBP|OF[78-79. The said order was passed under Sec. 29-C of the Karnataka Co-operative Societies Act, 1959, (hereinafter referred to as the Act). The said order is in the form of an endorsement in Ext-B. The order of the Joint Registrar referred to therein is set out below as the same was produced by respondent-3 as Ext. R1 to his application for vacating stay.