M. N. VEERAPPA v. T. NARASIPUR TALUK SILK REELERS INDUSTRIAL CO-OPERATIVE SOCIETY
1981-09-04
N.D.VENKATESH
body1981
DigiLaw.ai
N. D. VENKATESH, J. ( 1 ) ON Preliminary Hearing m. N. Veerappa, son of Nagarajappa, mugoor, T. Narasipura Taluk, Mysore dist. , the petitioner herein, in order to contest to the directorship of the 1st respondent Society, the term of which was for the year 1981 82, had filed his nomination paper. The 2nd respondent, Returning officer, rejected that nomination paper on 9-8 1981 on the ground that Veerappa, while mentioning in his nomination paper the year for which the election was being held, had mentioned the figure "1980-81" instead of "1981-82", and also that while mentioning the serial number, instead of mentioning the figure 57', had mentioned as 59' (Annexure-D ). ( 2 ) THE proposed election was held on 16-8-1981, but without the participation of the petitioner. Results have been declared. Steps are afoot for further selection of the office bearers of that society from amongst the Directors. ( 3 ) NOW, on 31 8-1981 this petition is presented by Veerappa stating that the rejection of his nomination paper was incorrect ; that he had suffered great injustice ; that election held, pursuant to the calendar of events referred to above, should be quashed ; and that in the meanwhile, pending disposal of this petition, the directors should be stopped from meeting and transacting any business including the selection of office bearers. ( 4 ) IS taking recourse to Art. 226 of the constitution alone the remedy for the alleged injustice said to have been suffered by Veerappa ? The Legislature certainly would not have intended that it should be so. S. 70 of the Karnataka C6-operative societies Act, 1959 (the Act) provides adequate alternate remedy to a person feeling aggrieved like Veerappa. Clause (c) of sub-section (2) of S. 70 confers power on the Registrar to try "any dispute arising in connection with the election to a president, Vice-president, Chairman, Vice- chairman, Secretary, Treasurer, or Member of a Committee of the Secretary". May also see a decision of this Court in Channegowda vs. State of Karnataka. (1 ). ( 5 ) COUNSEL for the petitioner, while seeking admission of the petition, referred to a few decisions of this Court including a Division Bench decision of this Court in sangappa vs. T. . R. Srinivasamurthy (2 ).
May also see a decision of this Court in Channegowda vs. State of Karnataka. (1 ). ( 5 ) COUNSEL for the petitioner, while seeking admission of the petition, referred to a few decisions of this Court including a Division Bench decision of this Court in sangappa vs. T. . R. Srinivasamurthy (2 ). But, they are all cases wherein the aggrieved had challenged the rejection of their nomination papers prior to the completion of the process of elections. In the instant case Veerappa kept quiet for almost a month after the rejection of his nomination paper and now, after the declaration of results of the election to all the posts of directors, wants to challenge the entire election. He may do so, but in a proper forum provided in law. Counsel for the petitioner further argues that the facts are all quite clear, do not require any elaborate investigation, and taking recourse to S. 70 of the Act will not be an efficacious remedy and, therefore, the writ be entertained. I am unable to agree with him. Facts being clear and not requiring an indepth investigation alone is no ground to entertain a petition on the writ side when there is an effective alternate remedy in law. Neither would it be appropriate to open the doors of the writ domain of this Court only because the alternate forum provided in the act may not decide the issue quickly though the procedural law governing such enquiries by those authorities may not hamper a speedy trial. It is for the litigant to pursue the course and to pursue with all vigour at his command. ( 6 ) I decline to issue Rule. Petition dismissed --- *** --- .