JAYARAM K.P Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned Additional Government Advocate accepts notice for respondent Nos.1 to 4. The petitioner has called in question the legality and correctness of the order dated 27.01.2019 passed by the respondent No.4 at Annexure-E to the writ petition, whereby the nomination filed by the petitioner to contest the elections of the Board of Directors of the respondent Nos.5 - Co-operative Society has been rejected.

(2.) It is the contention of the petitioner that the nomination paper was scrutinized by the Returning Officer and was accepted in the presence of the petitioner. However, the same was rejected behind his back without providing an opportunity of hearing, violating the principles of natural justice. It is submitted that the reason for rejecting the nomination papers, inasmuch as the petitioner is a defaulter, is totally against the factual material available on record. It was certified by the concerned bank that the petitioner is in arrears of Rs.78,356/- and the same can be paid on or before 31.03.2019. Accordingly, the petitioner has made the payment of Rs.78,356/- on 29.01.2019. Hence, rejection of the nomination paper on the ground that the petitioner is defaulter is unsustainable.

(3.) It is further submitted that alternative remedy is no bar to entertain writ petition under Articles 226 and 227 of the Constitution of India. The judgment of the Hon'ble Apex Court in the case of Whirlpool Corporation vs. Registrar of Trade Marks, Mumbai and others reported in (1998) 8 SCC 1 is relied upon.