The payment of share money and application fee was a condition precedent for membership in the cooperative society, as prescribed by the bye-laws.

1. Petitioner is a member of the third respondent, the Trichur Fruit and Vegetable Marketing Co-operative Society Limited, a society governed by the Kerala cooperative Societies Act, 1969, (the Act). He was one of the founder members of the society with membership No.2. He was also the President of the Managing Committee of the society which was elected to office at the election held on August 24,1986.

2. The term of the committee so elected was five years, but long before the expiry of that term, on October 4,1988, the Joint Registrar appointed an Administrator for the society on the ground that there was no quorum for the managing committee. The Administrator assumed office on the next day, namely October 5,1988. The appointment of the Administrator was challenged by the petitioner by filing writ petition, O.P. No. 10062 of 1988 in this court. It was however, dismissed on the ground that the order. impugned was appealable under S.83 0) of the Act. This court did not find any reason to interfere with the order, under Art.226 of the Constitution. But, a direction was issued to the respondents to take immediate steps for holding the election to the managing committee before the end of February, 1989. The original petition was disposed of accordingly.

3. The Administrator passed resolution on December 28, 1988 to hold the election on February 26, 1989. In the meanwhile, the Administrator enrolled a large number of new members. At the time he assumed office the society had 132 members on its roll. The dispute in this original petition relates to the eligibility or otherwise of 152 members newly enrolled by the Administrator to vote at the election. According to the petitioner, these persons were admitted to membership only after November 30,1988 within a period of 90 days preceding the date of election, namely February 26, 1989, and therefore, they were not entitled to participate or vote in that election. According to the respondents, they were admitted to membership on 14th and 16th November, 1988. Petitioner's definite case is that these persons submitted their application for membership, as also paid the application fee and share money, only on or after December 13, 1988 and therefore they were ineligible to vote at the election.

4. The Returning Officer for the election, namely the first respondent, published a preliminary voters list which contained the names of these 152 persons as well, as eligible to vote at the election. Petitioner objected to their inclusion on the ground that they were ineligible to be members or vote at the election, that many of them had not even executed the declaration and the agreement contemplated by bye-law 6 of the bye-laws of the society, (agreement to sell their produce to the society), that they had paid the admission fee and share money for membership only within 90 days of the election, that they became members only in December, 1988 and that too without any enquiry being held as to whether they were eligible to membership of the society as per its bye-laws. For all these reasons, it was stated that their names were liable to be excluded from the voters list, and that only the 132 members who were on the rolls of the society before the period of 90 days from February 26, 1989 were entitled to vote.

5. The Returning Officer, however, overruled these pleas of the petitioner by his proceedings Ext.P3 holding that all these persons had been admitted beyond 90 days of February 26,1989. It was stated that "admission of members" and "payment of share amount" were "independent", and that they need not necessarily be simultaneous. The question of payment of share amount arises only if, and after, the member is admitted. Eligibility for admission is not dependent on payment of "share amount" or capacity for paying it Payment of share amount was only the consequence of admission to membership. There was bar to admission of members only within thirty days prior to the date of issue of notice