The construction of sub-section (5) of S.28 of the Kerala Co-operative Societies Act, 1969 (for brevity the act) is in issue in this writ petition filed by a member of the managing committee of the Thiruvalla East Co-operative Bank Ltd., the third respondent (hereinafter referred to as the society), a co-operative society registered under the Act. The sub section reads:

"(5) The quorum for a meeting of a committee shall be such number of members just above fifty per cent of the total number of members of that committee."

The number of members of the managing committee of the third respondent society is eleven, as per bye law 15 of the society. Bye law 34 has fixed the quorum for a meeting of the managing committee at seven. Subjection (5) of S.28 was introduced later in the Act by Amendment Act 19 of 1987, with effect from August 25, 1987. It was agreed on all sides that it is this sub section that governs the matter and that the

question of quorum has to be decided with reference to it, irrespective of anything stated in the bye law, though according to the petitioner, there is no conflict between bye law 34 and this sub-section (5). It is accordingly the case of the pet