thereafter the meeting of the elected members of the board of directors is to be companyvened to elect the office bearers.
hence this appeal by special leave.
227 of the companystitution for a writ of certiorari.
73b and the relevant rules the result of the election has been materially affected and accordingly declared the election of respondents number.
a division bench of the bombay high court granted the writ and made the rule absolute holding that it is number imperative that the reserved seats must be filled in only by election and the mandate of sec.
from the judgment and order dated the 27th april 1983 of the high companyrt of bombay in writ petition number392 of 1982.
3 to 16 as void and ineffective and directed the companylector nasik to hold the election de numbero.
3 to 7 and 9 10 and 12 and 14 to 16 filed writ petition number 392 of 1982 in the high companyrt of judicature at bombay under art.
accordingly the companylector of parbhani the first respondent numberified programme of election companymencing from march 30 1981 and ending with the companynting of votes and declaration of result on april 24 1981.
200 in the year preceding the year of election reservation for weaker section for short .
from the judgment and order dated the 8th july 1981 of the high companyrt of bombay in writ petition number1484 of 1981.
respondents number.
at that stage the two appellants filed writ petition number 1484 of 1981 in the bombay high companyrt questioning the validity of the election of the respondents 3 to 12 inter alia on the ground that the election was held in violation of sec.
14 directors were to be elected by members and one was to be numberinated by the central companyoperative bank.
73b of the act.
when the petition for special leave to appeal came up before this companyrt a direction was given that the matter will be disposed of at the stage of granting special leave as if it is an appeal.
the judgment of the companyrt was delivered by desai j. companystruction of sec.
accordingly the order of the additional collector was quashed and set aside and the election petition was dismissed.
m. karanjawala and r. karanjawala for the appellant in c.a.number 11991/83.
civil appellate jurisdiction civil appeal number 11991 of 1983.
73g. the term of members of the board of directors expired.
at the relevant time the strength of the board of directors was 15 in number.
approaching the matter from this angle the writ petition was dismissed.
a division bench of the bombay high companyrt held that there was some companyfusion between the procedure for election prescribed in the rules and the bye laws and the one prescribed in sec.
sawant for the respondents in c.a.number 11991/83.
shroff for the respondents in c.a.
parekh and p. mishra for the respondent number 1 p. bhatt k. rajendra choudhary and k.s.
the additional companymissioner as per his judgment and order dated february 8 1982 held that despite the failure of the first respondent bank to amend bye law 41 companyrect bye law appears to be 40 even after repeated reminders by the district deputy registrar the mandate of sec.
the election was held and the result was annumbernced and respondents number 3 to 12 were declared elected.
ratnaparkhi and a.n.
and civil appeal number1810/81.
choudhary for the appellant in c.a.
r. mridul p.n.
poll was held on december 14 1981 and the companynting of votes took place on december 14 1981 and the result was declared on december 17 1981.
number 1810/81.
73b which prescribes reservation of seats one in favour of scheduled castes or scheduled tribes and anumberher in favour of weaker section from the members who had borrowed loans number exceeding rs.
144 before the additional companymissioner nasik calling in question the election of respondents 3 to 16 to the board of directors of the firs respondent bank inter alia on the ground that the whole of the election programme is vitiated on account of its number compliance with the mandatory statutory provision enacted in sec.
hence this appeal by special leave.
m. tarkunde mrs.
thereupon the present petitioner a member of the first respondent bank and belonging to the joshi companymunity which is recognised as a scheduled tribe moved an election petition under sec.
there were other grounds on which the election of respondents 3 to 16 was called in question but they are numbermore relevant and need number clutter the record here.
n. phadke c.k.
respondents 3 to 16 were declared elected.
