Jagannadha Rao, CJ.

The appellant before us, Sri. AP Bappu Haji, has filed this appeal with leave, as he was not impleaded as a party in the writ petition. The writ petitioner, which is the Board of Directors of the Co-operative Bank in question, now figures as the first respondent in this appeal.

2. The point arising in this appeal touches upon certain aspects which have come up before a Division Bench of this Court in OP 1812 of 1992 (All Hassan v. State of Kerala and others) and batch dated 8-4-1992. The interpretation of S.28(1A) of the Kerala Cooperative Societies Act, 1969 (hereinafter referred to as 'the act) as introduced by Kerala Act 5 of 1992 and R.39 of the Rules also falls for consideration.

3. The facts of the case are as follows: The writ petition was filed by the President of the Board of Directors of the Co-operative Bank (hereinafter referred to as 'the Committee') which is a Society registered under the Co-operative Societies Act. As per Clause 33(c) of the bye-laws, the term of the Committee was to be five years from the date of election The present Committee is elected to office in the election held on 22-10-1989. Due to a stay order in regarding to th