17-6515.   Contested election of director, officer ormember of governing body or any other contested vote of stockholders ormembers.(a) Upon application of any stockholder or director, or any officer whose titleto office is contested, or any member of a corporation without capital stock,the district court may hear and determine the validity of any election,appointment, removal or resignation of any director, member of the governingbody, or officer of any corporation, and the right of any person to hold orcontinue to hold such office, and, in case any such office is claimed by morethan one person, may determine the person entitled thereto. In making suchdetermination, the court may make such order or decree in any such case as maybe just and proper, with power to enforce the production of any books, papersand records of the corporation relating to the issue. In case it should bedetermined that no valid election has been held, the court may order anelection to be held in accordance with K.S.A. 17-6501 or 17-6505, andamendments thereto. In any such application, service of copies of theapplication upon the resident agent of the corporation shall be deemed to beservice upon the corporation and upon the person whose title to office iscontested and upon the person, if any, claiming such office; and the residentagent shall forward immediately a copy of the application to the corporationand to the person whose title to office is contested and to the person, if any,claiming such office, in a postpaid, sealed, registered letter addressed tosuch corporation and such person at their post-office addresses last known tothe resident agent or furnished to the resident agent by the applicantstockholder. The court may make such order respecting further or other noticeof such application as it deems proper under the circumstances.

      (b)   Upon application of any stockholder or any member of a corporationwithout capital stock, the district court may hear and determine the resultof any vote of stockholders or members, as the case may be, upon mattersother than the election of directors, officers or members of the governingbody. Service of the application upon the resident agent of the corporationshall be deemed to be service upon the corporation, and no other party need bejoined in order for the court to adjudicate the result of the vote. The courtmay make such order respecting notice of the application as it deems properunder the circumstances.

      History:   L. 1972, ch. 52, § 68;L. 1988, ch. 99, § 32;Revived and amend., L. 1988, ch. 100, § 32;L. 1992, ch. 270, § 13;L. 2004, ch. 143, § 40; Jan. 1, 2005.