The petitioner is a member of the second respondent, a rubber marketing co-operative society governed by the provisions of the Kerala Co-operative Societies Act, 1969 and the Kerala Cooperative Societies Rules, 1969, hereinafter, respectively, the Act and Rules, for short. He challenges Ext.P2 notification for election to the committee of that society. While the writ petition was filed contending that the fixation of the standards and distribution of seats in terms of Ext.P2 was in violation of Ext.P3 bylaws, it has come out that those bylaws were amended some time in 1995 and approval granted by the competent authority on 18.3.1995. On the basis of even that amendment, it is pointed out by the petitioner that the notification is for election to seats in excess of the total number of seats which could be filled up in terms of the bylaws.

2. I have heard learned counsel for the petitioner, learned counsel for the second respondent and the learned senior Government Pleader on behalf of the first respondent.

3. Having regard to the nature of the contentions, it is apposite to quote clause 5.01 of the by-laws as amended. Subject to such resolution as the General Body may from time to time pass the executive management of the affairs of the society shall vest in a Board Directors. The Board of Directors shall consist of fourteen members of whom eleven elected members and two nominees of the Rubber Board. Out of the eleven members to be elected ten shall be the representatives of A class members and one shall be the representative of C class members. The Managing Director shall be ex-officio members (sic) of the Board. A class members duly elected by the General Body from the wards as noted below by ballot as per rules.

WARD NAME OF PANCHAYATH PERSONS TO BE ELECTED

I Kottangal 4

II Kottanadu, Auyroor,

Thottapuzhassery 3

III Puramattom, Eraviperoor

Koipuram, Ehumatoor 2

IV Mallappally, Anicadu, Kunnamthanam,

Kallooppara, Kuttoor, Nedumpuram,

Kadapr, Niranam, Peringara, 1

Kaviyoor, Thiruvalla Municipality.

3. The impugned Ext.P2 notification is issued for election of 13 members to the committee, of which, 12 are from among A class members and one from among C class members. Out of the 12 from A class members, the segregation among the constituencies therein has been appropriately made in terms of the bylaws provision, allotting the number of vacancies to be filled up on the basis of the grouping of votes. There is no dispute about this. The notification also provides for election of one member from among members belonging to the scheduled castes-scheduled tribes communities and one woman representative, to give effect to the provision for reservation. The election towards reserved seats is to be made by treating the entire A class members as the electoral college. Thus, 13 members are to be elected; two members from reserved category and 10 members otherwise, from A class; and one C class member.

4. However, clause 5.01 of the amended bylaws provides for a committee of 14 members, of whom, 11 have to be elected and two, to be nominees of the Rubber Board and the committee has also to have the Managing Director of the society as an ex-officio member. On this basis, it is argued on behalf of the petitioner that the election could be conducted only as regards 11 seats and the notification of the election of 13 seats is invalid.

5. If 10 members are elected from A class members without applying the prescription of reservation as contained in Section 28 A of the Act, and one member is elected to represent the Comparative Citation: class members, the prescription in clause 5.01 of the bylaws would stand satisfied, because, by the election of those 12 members, there will still be room for two members from the Rubber Board and for the Managing Director to be an ex-officio member of the Board. The question

would be as to how there would be room for satisfying the rule of reservation contained in Section 28 A of the Act. While the pr