Company election disputes involving contested facts belong in civil jurisdiction, not company proceedings.

A challenge to a company election raising a disputed factual controversy was held unsuitable for determination in company jurisdiction. Because the pleadings required resolution of contested facts and the relief sought was a declaration that the election was illegal and void, the proper forum was ordinary civil jurisdiction, which could adjudicate the dispute and grant the claimed relief. The appellate court found no meaningful error in that course, and the dismissal was upheld.

---

---

Issues: Whether the petition challenging the company election could be entertained in company jurisdiction, or whether the parties should be relegated to a civil suit in view of the factual .

Analysis: The petition sought a declaration that the company election was illegal and void. The pleadings disclosed a contentious dispute on facts. In such circumstances, the appropriate forum was the ordinary civil jurisdiction, which was capable of adjudicating the factual controversy and granting the relief claimed. The appeal also failed to show any meaningful error in the course adopted below.

Conclusion: The petition was not fit for determination in the company proceedings, and the remedy by civil suit was the proper course. The dismissal was upheld.

---