:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 1447 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.M.S.Karnik, Adv. for the petitioners. None for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 4TH MARCH, 2008. P.C. P.C. P.C. : : : 1. The petitioner has challenged an order passed by the Returning officer rejecting the Nomination submitted for contesting the Election of board of Directors of Konkan Mercantile Co-operative Bank Ltd. 2. The said Society/Bank is governed by the Multi-State Co-operative Societies Act,2 002. It is undisputed before me, that the Act :2: :2: :2: contains enough provisions by which the petitioner can challenge the order impugned in this Writ Petition, so also, the election results. That aspect is not disputed before me. All that is apprehended is, that the alternate remedy and more specifically that which is mentioned in the petition, will not be expeditious, inasmuch as, the Arbitrator will not render any decision before the Elections conclude. 3. If the Statute, contains a provision like Section 152A of the Maharashtra Co-operative Societies Act, 1960 and if an order refusing to accept the nomination paper/form is also capable of being challenged, then, needless to state that the Authority on whom the power to decide the limited controversy with regard to the nomination paper being erroneously rejected or not is conferred, will decide the matter and not make the Application/Appeal in that behalf totally infructuous. It is not necessary to direct that Authority to perform such a duty. :3: :3: :3: Further, if the Election results also can be disputed then there is an alternate and equally efficacious remedy available to the petitioner. Either which way, the Writ petition is not the remedy and it is dismissed. No costs. *******