Judgment :- 1. The writ petition has been referred to a Division Bench by a learned judge of this Court as it was felt that the question involved was interesting and important and required decision by a Division Bench. 2. The petitioner is a member of the Managing Committee of the Kadavoor Service Co-operative Society Ltd. which was elected in September 1976. Ext. P1 show cause notice dated 31st August 1977 was issued to him stating that he had availed himself of a loan of Rs. 10000/- under a mortgage deed from the Thodupuzha-Moovattupuzha Land Mortgage Bank and that the fifth instalment of Rs. 1258.70 due on 1 111976 was remitted by the petitioner only on 26 31977. He was thus in default to the Society for over a period of three months, and, by reason of his default he was liable to be disqualified under R.44 (3) of the Kerala Co-operative Societies Rules, 1969. The petitioner's explanation was called for and after perusal of the same, by Ext. P2 order dated 23 91977 it was declared that the petitioner was disqualified to continue as a Committee Member from the date of acquiring the said disqualification. It is this order that is sought to be challenged in the writ petition. 3. At the hearing it was represented by counsel for the respondents that the question has now become academic, as the term of the Committee of which the petitioner was a Member had expired, and that fresh elections had already been held and the new Committee had assumed office. Although the issue sought to be agitated in the writ petition does not thus appear to be a live issue, having regard to the consequence of termination of the life of the Committee and the election of a fresh Committee, counsel for the petitioner pressed the question raised, and we may express ourselves. R.44(1)(c) of the Co-operative Societies Rules reads: "44. Disqualification for membership of committee. (1) No member of the society shall be eligible for being elected, or appointed as member of . R.44(1)(c) of the Co-operative Societies Rules reads: "44. Disqualification for membership of committee. (1) No member of the society shall be eligible for being elected, or appointed as member of . the committee of the society under S.28 if he: (c) (i) is in default to the society or to any other society in respect of any loan or loans taken by him or loan in which he has stood surety, for such period, as is prescribed in the byelaws of the society concerned or in any case for a period exceeding three months or is a defaulter to the society or to any other society; or (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; or Clause (2) of the Rule may also be quoted: "(2) A member of the committee shall cease to hold his office as such, if he (a) becomes disqualified under sub-rule (1), provided that where a member ceases to hold his office as such by reason of having been sentenced for any offence, he shall be restored to office for such portion of the period for which he was elected or appointed as may remain unexpired at the date of such restoration, if and when the sentence is annulled on appeal or revision and any person elected or appointed in the vacancy in the interim period shall on such restoration vacate office; or (b) cease to be a member of the society; or Provided that this clause shall not apply to a person nominated by the Government or any other authority specified in this behalf by the Government under sub-section (1) of S.31 of the Act or by Government or Registrar under sub-section (1) of S.28 of the Act. (c) is subsequently seen to be disqualified under sub-rule (1) on the date of election itself." It will thus be seen that while the disqualification is provided for by clause (1) of the Rule and seems to cover primarily a case of pre-existing disqualification vis-a-vis the time of the election, sub-rule (2) both on its language, and its tenor is wide enough to cover a supervenient disqualification, or a disqualification that has actually emerged or is even noticed subsequent to election. This seems to be indicated by the language of clause (2) which speaks of a member of the Committee ceasing to hold office, if he "becomes disqualified" under sub-rule (1), etc. or ceases to be a member of the Society, or is subsequently seen to be disqualified under sub-rule (1). These contingencies contemplated for action under sub-rule (2) appear to us to indicate a supervenient disqualification. In the circumstances, we see no ground to interfere with the order impugned. We dismiss the writ petition with no order as to costs. Dismissed.