J.B. Koshy, J.

On the basis of the directions in Ext. P1 order of this Court the election was conducted in Peringode Service Co-operative Bank Ltd. and petitioners were successful in the election. The seventh respondent filed a dispute under S.69 of the Co-operative Societies Act challenging the election. The election was set aside by Ext. P9 order. Apart from the various contentions raised by the petitioners one of the major contention is regarding jurisdiction of the Arbitrator. Petitioners' contention is that the order was passed by the Special Grade Inspector and not by the Registrar, Joint Registrar or Assistant Registrar and that the Arbitrator who is a Special Grade Inspector has no jurisdiction to deal with the dispute. Since the matter relates to jurisdiction of the Arbitrator in passing the award, instructions were taken by Government Pleader for respondents 1 to 6. Advocate Sri. P.C. Sasidharan appeared for the seventh respondent.

2. In the counter affidavit filed by the learned Government Pleader there is no averment regarding jurisdiction of the Arbitrator and that matter is virtually uncontested. It is argued by the seventh respondent that in view of the pro