Patnaik, J.

The short question that arises for consideration in this original petition is whether the expression "the application shall be accompanied by a list of relevant records on which the dispute is based for deciding the dispute", occurring in Rule 67 of the Kerala Co-operative Societies Rules (for short'Co¬operative rules') casts a mandatory duty on the petitioner to file the documents as per the list along with the petition as held in Gopalakrishnan Panickerv. State of Kerala (1990 (2) KLT 495). The learned single judge while interpreting that provision found that a copy of the order declaring the election was not filed along with the election petition. He held that "this declaration forms the basis of the petition, and R.67(i) requires all annexures to be produced along with the petition. When the very basis of the election petition is not produced, along with it as required, despite the mandate contained in sub-rule (i) of R.67, the petition has to fail for non-compliance with this mandatory requirement".

2. The petitioner, a member of the second respondent co-operative Society, filed a petition under R.67 of the co-operative Rules, challenging the validity of