K.A. Abdul Gafoor, J.

The petitioner is intending to contest in the election to the Managing Committee of the second respondent Co-operative Bank. The election is scheduled to take place on 28.6.1998 in terms of Ext. P1 notification. The petitioner filed his no minationpaper. His nomination was rejected by the Returning Officer, the first respondent on the reason that there was a default committed by two debtors to the society in repaying the loan amount for which the petitioner was a surety. Therefore, the petitioner also comes as a defaulter and he was disqualified in terms of R.44(1)(c) of the Kerala Co-operative Societies Rules. It is in the above circumstances, the petitioner has approached this Court challenging the said rejection of nomination and seeking a direction to accept his nomination for election.

2. It is an admitted case before me by the respondents that the petitioner was not a principal debtor to the second respondent society. It also an admitted case that the petitioner was only a surety for two principal debtors who had availed of loan, undertaking to repay it in instalments. It is also an admitted case that the said principal debtors had defaulted in