Kurian Joseph, J.

Whether a member of the administrative committee of a society is eligible to be a delegate in any other society is the question involved in this case. Prima facie, one is inclined to think that the question is no more res integra, being covered by the Bench decision of this Court in Kurian v. Registrar of Co-operative Societies (1996 (2) KLT 117). However, it appears, there is something deeper to be probed into since the delegate in the instant case, though a member of the administrative committee is otherwise a member of the society.

2. The petitioner is a delegate of a primary society to the third respondent-society. The 4th respondent is also a delegate to the apex society. But the nomination of the 4th respondent for election to the third respondent-apex society was objected to by the petitioner on the ground that the 4th respondent is a member of the administrative committee (he is the convenor of the committee) of Nedumamgad Taluk Marketing & Processing Co-operative Society Ltd. and being a delegate delegated by the administrative committee, it was contended that the 4th respondent is not eligible to be a candidate. As per Ext.P3, the returning officer rejected the objection and held that since the 4th respondent is otherwise a member of the said society, he is eligible to be a delegate. Rule 44A of the Kerala Co-operative Societies Rules deals with delegation. It reads as follows:

Rule 44A : - The persons appointed to represent a society in any other society and vote shall be a member of the committee of the society which he represents:

Provided that if the affairs of the society are managed by Administrator/Administrators/Administrative Committee appointed (under Sec. 28 or Sec. 32 or Sec.33) of the Act, the person or persons so appointed shall have power to nominate any member of the society to be its delegate in the other society and such delegate shall be eligible to be elected as a member of the committee of the other society in which he sits as a delegate if he is otherwise qualified to be a delegate under the relevant rules"

3. It may be seen that the person appointed to represent the society in any other society and vote should be a member of the managing committee of the society which he represents. The appointment as a representative of the society is by the managing committee itself. In other words, the managing committee appoints one among its members to be a delegate to represent the society and vote in another society. The proviso provides that in case any society is managed by an Administrator/Administrators or Administrative Committee, they will have power to nominate any member of the society to be its delegate in any other society and such nominee will be eligible to be elected to the committee of the other society, if he is otherwise qualified under the rules.

4. Under Secs. 28, 32, or 33 of the Act, the Registrar may appoint Administrators who need not be members of the society, to manage the affairs of the society in the place of an elected committee.

5. But what would be the situation where the Administrators are members of the society and one among them is nominated as a delegate? That takes us to the Bench decision of this Court in Kurien's case (supra). In the said case, one Stanly Sathyanesan was sent a delegate of the Trivandrum District Wholesale Co-operative Consumers Stores to the apex society. It has to be specifically noted that he was not a member of the primary society. The issue is discussed at paragraph 9 and 10 of the judgments and it is profitable to extract the same:

9. The Administrative Committee has no power to send one member from among them as a delegate to the Federation. Reference in this regard should be made to R.44A and proviso to it. Rule specifies that the person appointed to represent a society in any other society or vote shall be a member of committee of the society which he represents. If Stantly Sathyanesan is to be considered as a member of t