The main legal point established in the judgment is that delegates nominated by the Administrator of a primary society to the central Co-op. Society are only eligible to be elected as members of the committee of the central society and are not entitled to hold any office under the bank until they get themselves elected in accordance with the provisions of the Act and the Rules.

Sreedharan, J.

When C. M. P. 847 of 1996 in W. A. 316 of 1996 came up for orders, counsel appearing on either side wanted the appeal itself heard and disposed of. Accordingly, we heard counsel at length. As agreed to by them, we are disposing of the Writ Appeal.

2. O. P. 3097/1996 was filed on 20.2.1996. One of us, J. B. Koshy, J., ordered notice by Special Messenger. On getting notice, respondents entered appearance. Learned counsel appearing on either side submitted that facts are not in dispute. The question of law that arises in the Original Petition is identical to that in W. A. 316/1996. Learned Counsel, therefore, prayed for disposal of the Original Petition along with W. A. 316/1996. Accordingly we are disposing of the Original Petition along with W. A. 316/1996.

3. Appellant in Writ Appeal and respondents 2,3 and 4 in O. P. 3097/1996 were members of the managing committee of primary co-op, societies, which were attached to the central society, namely the Kottayam Dist. Co-op. Bank Ltd. They, being members of the managing committee of the primary societies, were sent up as delegates to the general body of the Kottayam Dist. Co-op. Bank Ltd., hereinafter referred to as "the bank". As delegates of the general body of the bank, they got elected to the managing committee of the bank. Appellant become the President of the Bank.

4. Election to the managing committee of the primary societies was for a period of 3 years. The 3 year period of the managing committee of the primary societies was to expire on 8.11.1995. Government by G.O. (P) 156/95/Co-op. dated 6.11.1995, extended the term of office of the managing committee of the primary societies for a further period of 6 months. Consequently, elections to the primary societies did not take place. Thereby, appellant and respondents 2 to 4 in the Original Petition continued to be delegates in the general body of the bank. Government notification, extending the term of office of the managing committees of the primary societies, was challenged before this court in O. P. 19338 of 1995. A Division Bench of this Court, by judgment dated 20.12.1995, 1996(l) 199, KLT took the view that the Government notification extending the period cannot apply to the managing committees already in office. Division Bench observed:

"According to us, the impugned notification has no application to a committee already constituted by the general body of a society, unless such general body wants to refix the period. The notification would apply to the general body which is yet to constitute a managing committee and in such case, general body can fix the duration of the committee upto 31/2 years."

As a result of this decision, the term of office of the managing committees of the primary societies came to an end. Consequently, Administrators were appointed to the primary societies. The Administrators so appointed nominated the appellant and respondents 2 to 4 as delegates to the general body of the bank on the day on which he took charge as Administrator. Since they were thus nominated to be delegates to the bank, they contend that they can hold office to which they were elected by the then general body of the bank. In other words, appellant, who was sent up as delegate by the Administrator, wants to continue as the President of the bank. Respondents 2 to 4 want to continue as members of the managing committee of the bank. Other members of the primary societies challenged the attempt of the appellant and respondents 2 to 4 in the Original Petition to hold the office as President and members of the managing committee of the bank. Learned Single Judge allowed the Original Petition and granted all the prayers made by the petitioner in O. P. 1122/1996 holding that the appellant is not competent to continue in any office of the bank.

5. The question mat arises for consideration in these matters is whether a delegate sent to the Central Co-op. Society by the Administrator who is in charge of a primary socie