J.B. Koshy, J.

Main question to be decided in these cases is regarding the interpretation of R.26 of the Kerala Co-operative Societies Rules, 1969 thereinafter referred to as 'the rules'). All these cases arise out of the decision of the Returning Officer during the election to the managing committee of Thiruvalla East Co-operative Bank Ltd. thereinafter referred to as 'the bank') registered under the Kerala Co-operative Societies Act, 1969 thereinafter referred to as 'the act) that in view of R.26 and 28 as interpreted by this Court in Vijayakumar v. Joint Registrar (1996 (1) KLT 285), members admitted within a period of 90 days of the election cannot participate in the election. The Returning Officer removed names of 1951 members from the voters list without issuing any notice to them by a one line order dated 5.2.1999.

2. President of the Bank challenged the proceedings of the Returning Officer (Ext. P5) by filing O.P. No. 3762/99. The learned Single Judge who admitted the above O.P. was of the opinion that the question raised regarding the eligibility to vote by members who were admitted within 90 days of the election has to be considered in detail. But, to safeguard