M G SIDDAVEERAPPA Vs. DEPUTY REGISTRAR

JUDGEMENT

(1.) (THIS Writ Petition is filed under Articles 226 and 227 of the constitution of India praying to quash the Endorsement dated 31. 12. 2007 vide Annexure-D to the writ petition and etc.)Writ petition by a person, who was an aspirant seeking to be elected as an office bearer to the managing committee of sixth respondent-co-operative bank.

(2.) IT appears, on 28-9-2007, the returning officer had declared the third respondent to this writ petition as elected unopposed on the premises that the petitioner had withdrawn his nomination. The petitioner contested this position claiming that he had not withdrawn from the contest and even sought for furnishing of a copy of the letter of withdrawal etc. , but as the returning officer having issued an endorsement at Annexure-C indicating that it is not available in the record etc. , the petitioner wanted to raise a dispute and filed an election petition before the registrar on 29-10-2007.

(3.) THE dispute raised by the petitioner on 29-10-2007 having been referred to the deputy registrar by the joint registrar for adjudication and the same having been numbered as GRB/dispute 42/07-08, the deputy registrar, instead of looking into the matter, had issued a further endorsement on 31-12-2007 indicating that the dispute was barred by limitation in terms of section 70-A (1) of the Karnataka Co-operative Societies Act, 1959 [for short, the Act] and refused to entertain the matter. It is aggrieved by this endorsement issued by the deputy registrar, the present writ petition is filed.