A question of some importance has been posed before this Court in this writ petition: whether the restrictive terms in the Bye-laws of a Society, as per which a member is mandated to acquire a minimum of ten shares to obtain qualification to contest in the elections to its Managing Committee, can obtain juristic imprimatur under the provisions of the Kerala Cooperative Societies Act and Rules (hereinafter referred to as “the KCS Act and Rules” for short).

2. The petitioner says that he is a member of the 4th respondent-Society and alleges that Ext.P5 Election notification, issued by the State Co-operative Election Commission, is illegal, since it allows all 'A' class members to contest in the ensuing elections to the Managing Committee of the said Society notified to be on 10.08.2019, contrary to Ext.P2 Bye-laws which unambiguously stipulates that only members who have acquired at least ten shares can do so. The petitioner asserts that he intends to file his nomination as a candidate and impugns Ext.P5 to the above extent; very interestingly, relying on a judgment of this Court in V.R.Bhaskran v. State of Kerala [2019 (3) KHC 935] in substantiation of his contentions.

3. I