A.S. Venkatachala Moorthy, J.

The case of the petitioner is that the notification in respect of Idukki Housing cooperative Society for election of the Managing Committee members was issued on 29-4-1998. The petitioner, pursuant to the said notification, submitted his nomination paper on 14-5-1998 after complying with all the formalities. On 15-5-1998, the first respondent-Returning Officer - conducted the scrutiny of the nominations. The petitioner's nomination paper was rejected on the ground that he is the Managing Partner of Stonege Tourist Complex and the said firm has availed two loans from Idukki District Co-operative Bank and the firm has defaulted in making payments. Aggrieved by the said order, the petitioner filed this Original Petition.

2. According to the petitioner, a careful reading of R.44(1)(c)(1) of the Cooperative Societies Rules would clearly indicate that a person can be treated as a defaulter only if he is in default, either as principal debtor or as a surety, but here the petitioner is not even a member of the society which alone would enable him to borrow and further he has not stood as a surety to any borrower of the Society. The claim of the petit