HARIBANDHU JENA Vs. STATE OF ORISSA REPRESENTED THROUGH THE SECRETARY, CO-OPERATIVE DEPARTMENT, GOVT. OF ORISSA AND ORS.

JUDGEMENT

(1.) THE Petitioner is a member of the Aska Co -operative Urban Bank Ltd. An election was held to the office of the Board of Management of the Society. The Petitioner filed his nomination on 4 -10 -1974. The nomination was rejected. Election was held. Opposite parties 4 to 10 were duly declared to have been elected. The writ application has been filed by the Petitioner under Article 226 of the Constitution for quashing the order rejecting his nomination and for setting aside the election of opposite parties 4 to 10 and for a direction that there should be a fresh election.

(2.) A counter -affidavit has been filed on behalf of the State of Orissa (Opposite party No. 1) and Election Officer, Aska Cooperative Urban Bank Ltd. (opposite party No. 2). Opposite party No. 6. one of the Director, has also filed a counter affidavit. All of them take their stand on Section 28(3)(e) of the Orissa Co -operative Societies Act, 1962 (hereinafter to be referred to as the Act) in support of the order rejecting the nomination. Section 28(3)(e) runs thus:

(3.) DOUBTLESS the liability of the surety is co -extensive with the liability of the debtor in respect of a loan incurred. But such a liability in no circumstance can be invoked for holding that a loan was granted to the Petitioner. The two concepts are entirely different. Antarjyami Jena and Gourhari Jena incurred the loans. Petitioner has not incurred any loan though his liability to pay up the loan subsists.