ORDER :

Kunhikrishnan, J.

The following points are referred to Full Bench as per the reference order dated 29.11.2018 by a Division Bench of this court :

1. Can a member elected to the Managing Committee of a Co-operative Society be unseated by resort to Rule 44(2)(c) of the Kerala Co-operative Societies Rules, 1969 otherwise than by calling in question his election by a dispute under Section 69(2)(c) of the Kerala Co-operative Societies Act,1969?

2. Whether the Bench decision in Surendran Nair v. State of Kerala (2004 (1) KLT 407) on the question of disqualification under Rule 44(2)(c) of the Rules is correctly decided?

2. Brief facts of the case are like this:

The appellant in the writ appeal was a member of the Managing Committee and also the elected President of Punukannur Service Co-operative Bank (‘the Bank’ for short). She was elected as a member of the Managing Committee on 02.07.2017. Much before she contested in the election, i.e., in the year 2013, the appellant availed a personal loan from the 3rd respondent Bank. Since there was a default in repaying the loan, the 3rd respondent Bank initiated recovery proceedings by filing A.R.C. No.42 of 2013 and an award was passed in fav