Chitambaresh, J.

1. This writ appeal arises out of the judgment in the case titled P.V. Manoharan v. Kerala State Co-operative Election Commission and others [2016 (1) KLJ 784].

2. The nomination put in by the appellants for election to the managing committee of the fifth respondent bank was accepted by the third respondent Returning Officer notwithstanding the objection of the first respondent. The third respondent overruled the objection by Ext.P5 order on the ground that the documents produced by the first respondent are not attested or certified copies. The documents pertained to the suspension of sentence in Crl.R.P.No.3741/2006 filed by the appellants challenging their conviction and sentence. The appellants had been convicted and sentenced for offences alleged under Sections 406 and 465 of the Indian Penal Code by the trial court and lower appellate court. The sentence of imprisonment alone had been suspended by this Court in Crl.R.P.No.3741/2006 which was brought to the notice of the third respondent by the first respondent though in vain.

3. The first respondent challenged Ext.P5 order overruling his objection in the writ petition contending inter alia that the appellants are disqualified for being elected as members of the managing committee. The first respondent relying on Rule 44(1)(c)(ii) of the Kerala Co-operative Societies Rules, 1969 ('the Rules' for short) asserted that the disqualification is on account of conviction and sentence. The appellants on the other hand pointed out that the disqualification is only for the operation of sentence which has however been suspended in Crl.R.P.No.3741/2006. The appellants added that acceptance of nomination even if erroneous can only be questioned in a dispute under Section 69(2)(c) of the Kerala Co-operative Societies Act, 1969 ('the Act' for short). The learned single Judge has by the judgment impugned declared that the appellants are disqualified from contesting the election to the managing committee.

4. It transpires that the operation of the impugned judgment was stayed at the time of admission of the writ appeal pursuant to which the appellants contested the election and were also elected to the managing committee. The election was held on 21.1.2016 and the continuance of the order of stay is opposed by the first respondent stating that the tenure of the managing committee is fast ending. Much depends on the interpretation of Rule 44(1)(c)(ii) of the Rules and the impact of the order of suspension in Crl.R.P.No. 3741/2006 both of which are extracted below: Rule 44(1)(c)(ii):

“44. Disqualification of membership of committee.- (1) No member of the society shall be eligible for being elected, or appointed as a member of the committee of the society under S.28 if he:-

(a) x x x x x

(b) x x x x x

(c)(i) x x x x x

(c)(ii) has been sentenced for any offence other than an offence of a political character or an offence not involving moral delinquency such sentence not having been reversed or offence pardoned and a period of three years has not elapsed from the date of expiration of the sentence.”

Crl.M.A. No. 10714/2006 in Crl.R.P. No. 3741/2006

“Sentence of imprisonment alone is suspended on the petitioners executing a bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the trial court and on condition that they will deposit the fine before the trial court within one month from today, if not deposited already. The bond shall also be executed within one month from today.”

5. We heard Mr.V.G.Arun, Advocate on behalf of the appellants, Mr.P.C.Sasidharan, Advocate on behalf of the first respondent and Mr.K.S.Mohamad Hashim, Special Government Pleader.

6. The disqualification for being elected as members of the committee of the bank is attracted only if the appellants have been sentenced for any offence other than an offence of political character or involving moral delinquency. Such sentence should not have been reversed or offence pard