Ramachandran Nair, J.

1. These two writ appeals are filed by a person elected as a member of the Managing committee of the Sreekandamangalam Service Co-operative Bank Ltd. No.974 (hereinafter called 'Society') against common judgment of the learned single Judge in two writ petitions declaring the election notification earmarking one seat of the Managing Committee to the depositors constituency under Section 28 (1C) of the Kerala Co-operative Societies Act (hereinafter called the 'Act') and appellant's election in the said constituency as invalid and against the bye-law of the Society. Based on the resolution passed by the Managing Committee of the Society for holding the election to Managing committee in terms of Rule 34A (1) of the Kerala Co-operative Societies Rules (hereinafter called the 'Rules'). The Co-operative Election Commission notified the election for all the 11 members of the Managing committee representing different constituencies. The bye- law of the Society as on the date of declaration of election provided for election of 11 members to the Managing committee of which 3 are reserved for women and one for member of scheduled caste community. Even though the byelaws of the Society did not reserve any seat in the committee to represent depositors constituency in terms of Section 28 (1C) of the Act, the Election Commission felt that the non obstante clause contained in the said provision of the Act required to provide a seat in the Managing Committee to represent the depositors of the Society. On a perusal of the documents presented by the Assistant Registrar of Co-operative Societies the Co-operative Election Commission noticed that the Bank has public deposits above 22.22 crores and the non-agricultural loan given was 20.41 crores. Therefore the Co-operative Election Commission notified the election by reserving one seat in the Managing Committee for election from among depositors of the Society who hold a deposit amount of not less than Rs.10,000/-in terms of Section 28 (1C). Election notification produced as Ext.P4 in WA No.1023/2012 provided for election to the Managing committee by assigning from out of total 11 seats 6 for general category, one for depositors constituency to be filled up by a member with a deposit of above Rs.10,000/- or above, one for scheduled caste/scheduled tribe quota and 3 for women. There was no contest against election notification and therefore election was held in terms of Ext.P4 notification issued by the Election Commission. The appellant is the person who got elected from the constituency reserved for "depositors. However after election is over, one of the members of the society and another a defeated candidate who stood for election in the general constituency challenged the election of the appellant to the managing committee by filing separate writ petitions in which contention raised was that the society not being a "Primary Credit Society" but being only a Primary Agricultural Credit Society is not required to have a representative in the Managing committee in terms of Section 28 (1C) and in any case when the bye-law of the society does not provide it, the Election Commission has no authority to notify the election to the Managing committee providing one seat from the depositors' quota. The specific case canvassed by the petitioners in the writ petitions was that the Election Commission has no jurisdiction to notify election to the Managing committee of the society in deviation with the constitution of the Board as contemplated under the byelaw of the Society and also in violation of the resolution passed by the Managing committee to hold the election in terms of Rule 35A (1) of the Rules. Learned single Judge accepted the contention by holding that the Society is a Primary Agricultural Credit Society as defined under Section 2 (oa) of the Act and not a Primary Credit Society as defined under Section 2 (ob) which only is required to have a representative from among