BASANGOUDA CHANNAPPA GOUDAR Vs. NINGANGOUDA BUDDANGOUDA PATIL

JUDGEMENT

(1.) This writ petition arises out of an election held on 30th Decr. 1968 in respect of three vacancies of directors in the Managing Board of a Co-operative Society called Kalaghatgi Taluka Agricultural Produce Cooperative Marketing Society Ltd., the 12th respondent. According to the result of the Returning Officer's scrutiny of the ballot papers in counting, respondent 7 Gurusiddappa Basappa Angadi and 9th respondent Sivappa Sankappa Meti were clearly elected by majority of votes and the petitioner Basangouda Channappa Goudar and the first respondent Ningangouda Buddangouda Patil secured equal number of votes, viz., 17. He therefore, cast lots and declared the first respondent elected.

(2.) Thereupon the petitioner raised an election dispute under S.70 of the Co-operative Societies Act ir> which his prayer was that he should be declared duly elected, and not the first respondent. His case was that in coming to the conclusion that both he and the first respopndert had secured equal number of votes, the Returning Officer had rejected ballot paper No.35 as invalid, that the rejection was wrong, that the ballot paper must have been taken into account as a valid one, and that if the same is so taken into account he (petitioner) would get one vote more than the votes secured by the first respondent.

(3.) The Arbitrator to whom the dispute was referred for adjudication, set aside the entire election and also ordered costs to be paid by the Returning Officer, with the result both the first respondent and the 9th respondent appealed to the Co-operative Appellate Tribunal on the merits of the matter and the Returning Officer (2nd respondent) against the order directing him to pay costs.