B V MALLA REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant, who was a member of the Srinidhi Souharda Sahakara Bank Niyamitha (respondent No.3 herein), was aggrieved by an order dated 30.12.2010 whereby, his membership to the aforesaid society came to be terminated.

(2.) IN order to assail the impugned order, it is the contention of the learned counsel for the appellant herein, that the order dated 30.12.2010 was served on the appellant on 14.01.2011 whereupon, the appellant raised a dispute under Section 39 of the Karnataka Souharda Sahakari Act, 1997 (hereinafter referred to as the '1997 Act'). Respondent No.3 herein filed objections to the dispute raised by the appellant, under Section 39 of the 1997 Act inter alia contending, that the appellant had an efficacious alternative remedy, (to assail the order dated 30.12.2010) of filing an appeal under Section 21 of the 1997 Act. Section 21 of the 1997 Act, is being extracted hereunder:

(3.) IN order to avoid the seemingly irreparable loss to the appellant, by a motion bench order dated 11.03.2011, this Court granted liberty to the appellant to file his nomination papers, and required respondent No.3 to accept the same provisionally, subject to the ultimate decision, that may be taken by this Court. It is therefore, that the appellant, we are informed, filed his nomination papers, which were accepted and approved by respondent No.3. The factual position insofar as the participation of the appellant in the electoral process stands adhere as of now.