J.B. Koshy, J.

In both these petitions, petitioners are members of the 2nd respondent Pattanakad Service Co-operative Bank. It is stated that they were members of the Bank for more than two decades and they were voting in the elections also. They are directors of the present Committee also. Their names are published in the voters list by the Returning Officer. But their nominations were rejected on the ground that there was dual membership. There is no provision in the bye-laws prohibiting dual membership. In the statement filed by the Returning Officer, it is submitted that under R.27 of the Kerala Co-operative Societies Rules there is prohibition of membership in two credit or housing societies. However, the remedy for being member of the two societies are also provided under R.27(2) of the Rules which is as follows: -

"Where a person has become a member of any society referred to in sub-r.(1) in contravention of the provisions of that sub-rule, such society shall remove him from membership upon a written requisition from Registrar."

Therefore, on the basis of R.27 action can be taken to oust them as members of the second society. But in the case of petitioners, they are