UMESH SHIVAPPA AMBI Vs. ANGADI SHEKARA BASAPPA
LAWS(SC)-1998-3-100
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on
March 06,1998
UMESH SHIVAPPA AMBI
Appellant
VERSUS
ANGADI SHEKARA BASAPPA
Respondents
Cited Judgements :-
RAM KALP YADAV VS. STATE OF U P [LAWS(ALL)-2008-8-239] [REFERRED TO]JAVED RAHAT VS. BAR COUNCIL OF INDIA [LAWS(DLH)-2006-1-57] [REFERRED TO]
G BLOCK RESIDENTS WELFARE ASSOCIATION VS. O P WADHWA [LAWS(DLH)-2006-3-4] [REFERRED TO]
G S SHIVAKUMAR VS. STATE OF KARNATAKA [LAWS(KAR)-2001-4-42] [REFERRED TO]
PANKESH KUMAR RAI SON OF LATE AKHILESH KUMAR RAI VS. THE STATE OF BIHAR [LAWS(PAT)-2018-1-316] [REFERRED TO]
INDU LATA AGGARWAL VS. JOINT REGISTRAR CO-OPERATIVE SOCIETIES [LAWS(P&H)-2011-2-115] [REFERRED TO]
AVTAR SINGH HIT VS. DELHI SIKH GURDWARA MANAGEMENT COMMITTEE [LAWS(SC)-2006-10-53] [REFERRED TO]
BHIKHABHAI KESHAVLAL PATEL VS. ELECTION OFFICER DISTRICT CENTRAL CO OPERATIVE BANK LIMITED AND DEPUTY COLLECTOR [LAWS(GJH)-2001-8-23] [REFERRED]
AAM AKALI DAL VS. DIRECTORATE OF GURUDWARA ELECTIONS AND ORS. [LAWS(DLH)-2017-2-66] [REFERRED TO]
LAKSHMAN AND ORS. VS. THE STATE OF KARNATAKA AND ORS. [LAWS(KAR)-2015-5-24] [REFERRED TO]
KALLA RAMAKRISHNA VS. STATE ELECTION COMMISSION [LAWS(APH)-2004-10-96] [REFERRED TO]
GOHEL SUNIL DEVSHI VS. STATE ELECTION COMMISSION [LAWS(GJH)-1999-12-6] [REFERRED TO]
G BLOCK RESIDENTS WELFARE ASSOCIATION VS. O P WADHWA [LAWS(DLH)-2006-3-110] [REFERRED TO]
SWARAJ INDIA VS. STATE ELECTION COMMISSION AND ANR. [LAWS(DLH)-2017-3-92] [REFERRED TO]
SANTOKH SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2006-4-82] [REFERRED TO]
MUKESH KUMAR VS. ADMINISTRATOR [LAWS(DLH)-2015-5-163] [REFERRED TO]
KANUBHAI CHHAGANBHAI PATEL VS. DIRECTOR OF AGRICULTURAL MARKETNG AND RURAL FINANCE [LAWS(GJH)-2004-9-43] [REFERRED TO]
RAVINDRA KUMAR HAJELA VS. REGISTRAR OF CO [LAWS(DLH)-2019-9-365] [REFERRED TO]
KANUBHA GULABSINH PARMAR VS. STATE OF GUJARAT [LAWS(GJH)-2003-7-74] [REFERRED TO]
ATAR SINGH VS. STATE OF M P & ORS [LAWS(MPH)-2013-12-237] [REFERRED]
ASHOK KUMAR NAYAK VS. STATE OF ORISSA [LAWS(ORI)-2011-8-78] [REFERRED TO]
KULDEEP SINGH PANNU VS. STATE OF UTTARAKHAND [LAWS(UTN)-2022-5-82] [REFERRED TO]
THE BAL KHURD COOP. AGRI. SERVICE SOCIETY LTD. AND OTHERS VS. THE STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2001-8-126] [REFERRED TO]
MAGNA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2004-7-9] [REFERRED TO]
D SOUNDRAJA NADAR VS. THAKSHINAMARA NADAR SANGAM [LAWS(MAD)-2009-9-103] [REFERRED TO]
ALL INDIA STUDENTS ASSOCIATION VS. THE CHIEF ELECTION OFFICER [LAWS(DLH)-2014-8-342] [REFERRED TO]
RAVURI MURALI KRISHNA VS. UNION OF INDIA [LAWS(APH)-2023-4-26] [REFERRED TO]
GOHEL SUNIL DEVSHI VS. STATE ELECTION COMMISSION [LAWS(GJH)-1999-12-66] [REFERRED]
PATNAM VENKATESWARLU VS. COMMISSIONER AND REGISTRAR OF CO OPERATIVE SOCIETIES HYDERABAD [LAWS(APH)-2010-2-78] [REFERRED TO]
JAYARAM K.P VS. STATE OF KARNATAKA [LAWS(KAR)-2019-2-348] [REFERRED TO]
N.H.SRIPAD RAO VS. STATE OF KARNATAKA [LAWS(KAR)-2022-7-930] [REFERRED TO]
GANESH VS. STATE OF M P [LAWS(MPH)-2001-4-64] [REFERRED TO]
DEVINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2015-1-482] [REFERRED TO]
COMMITTEE OF MANAGEMENT SHIKSHA PRASAR SAMITI SAGWAR UNNAO VS. STATE OF U P [LAWS(ALL)-2008-3-210] [REFERRED TO]
ARGHYA KUMAR NATH VS. D.S. RAWAT [LAWS(DLH)-2014-9-313] [REFERRED TO]
GOPAL CHANDRA HALDER VS. STATE OF WEST BENGAL [LAWS(CAL)-2007-6-20] [REFERRED TO]
MD SHAMIM, SON OF LATE SHEIKH JUMAID ALI VS. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY [LAWS(PAT)-2018-1-198] [REFERRED TO]
SEWA SAHKARI SANSTHA MARYADIT VS. STATE OF M.P. & ORS. [LAWS(MPH)-2001-9-58] [REFERRED TO]
GURVINDER SINGH VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2013-5-818] [REFERRED]
AMRIK SINGH VS. CHIEF ELECTION COMMISSION [LAWS(P&H)-2004-5-68] [REFERRED TO]
S N MANJUNATH VS. STATE OF KARNATAKA [LAWS(KAR)-2002-7-36] [REFERRED TO]
FAHIM AHMAD VS. STATE OF U P [LAWS(ALL)-2009-3-15] [REFERRED TO]
JUDGEMENT
-
(1.)Leave granted.
(2.)Election for 11 Directors of the respondent No. 3 Co-operative Bank 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 Co-operative 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 calendar of events be published for holding an Election to the posts of 11 Directors of the respondent Co-operative Society.
(2.)Election for 11 Directors of the respondent No. 3 Co-operative Bank 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 Co-operative 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 calendar of events be published for holding an Election to the posts of 11 Directors of the respondent Co-operative Society.
Copyright © Regent Computronics Pvt.Ltd.