The main legal point established in the judgment is that disputes relating to the election of the Board of Management or an officer of the Society fall within the jurisdiction of the Registrar under S.69 of the Kerala Co-operative Societies Act, and that the court may not interfere if the electoral roll is found to be proper.

1. Alleging that he is a delegate of a member Society of the 2nd respondent Bank (hereinafter referred to as the Bank) the petitioner has moved this court for a writ of certiorari to quash Ex-P3 order passed by the Assistant Registrar of Co-operative Societies (General) who is the returning officer for election of the Board of Directors of the Bank by which the petitioner's objection to the list of voters published as per R.35 of the Co-operative Societies Rules (hereinafter called the Rules) has been overruled. The petitioner has also sought for a writ of mandamus for directing the 1st respondent to prepare and publish a list of voters for the purpose of election of the Board of Directors of the Bank as required by R.35(3)(b) of the Rules. The petitioner's case is as follows:

2. As per Byelaw 21 of the Bank the Board of Directors shall call before the end of June every year an annual meeting of the General Body of the Bank consisting of representatives of A Class members and such representatives of B Class members who may be serving on the Board of Directors at which meeting the election of the members to the Board of Directors if a new Board is to take charge in the following year is to be conducted. Byelaw 11 provides that every co-operative society working within the area of operation of the Bank and the Kerala State Co-operative Bank shall be eligible for admission as member. Under Byelaw 21 the society shall hold general body atleast once in a year. It is incumbent on the Board of Directors of the Society as per Byelaw 20 to maintain a list of members on the rolls of the Bank who are qualified to vote at general body meetings of the Bank and shall bring such list upto-date within a fortnight before each meeting of the General Body.

3. For the election to the Board of Directors of the Bank for this year a general body meeting is fixed to be held on 22-6-1975. The 1st respondent Assistant Registrar of Co-operative Societies (General) Trichur is the returning officer for the election. He had published a list on 24-5-1975 of the members eligible to vote at the General Body meeting. Ex-Pi is that list. This list contains only names of members of the society affiliated to the Bank. The petitioner contends that it is not clear from it as to where the delegates of the Society entitled to participate at the election and vote at the General Body meeting. The list contains names of some Societies specified in para 2 of the O. P., which Societies are not now functioning and which have now vested in the liquidator for the purpose of liquidation. It is also contended that in regard to some of the Societies the period of office of Committees has expired and also the period of office of the respective delegates. To the list Ex-Pi the petitioner is alleged to have filed objections, copy of which is Ex-P2. These objections were overruled by Ex-P3. Therefore the petitioner has sought to quash Ex-P3 in this writ petition. The main contention advanced on behalf of the petitioner is that there has not been proper publication of the list as contemplated under R.35 and therefore the same is not a proper or valid list.

4. In the counter-affidavit filed on behalf of the second respondent the following contentions are raised:

(1) The petitioner is not a delegate of a member Society as stated by him. He has no locus standi to file this petition.

(2) The petitioner has an effective alternative remedy under S.69 of the Kerala Co-operative Societies Act. Dispute in connection with an election can be raised only after the election. Under Art.226 of the Constitution there is no scope to entertain a dispute as to the election of the managing committee of the society. It is said that S.69 (2) (c) covers the dispute that is raised in this petition.

(3) As per R.35 (3) (b) of the Rules it is only necessary for the Committee to prepare a list of members qualified to vote at the election. The said rule does not require the names of the delegates also to