Kerala High Court
Kottukaalkonam Hindu Nadar vs State Of Kerala on 19 April, 2014
Author: A.M. Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 18TH DAY OF JUNE 2014/28TH JYAISHTA, 1936
WP(C).No. 13490 of 2014 (I)
----------------------------
PETITIONERS:-
----------------------------
1. KOTTUKAALKONAM HINDU NADAR
MAHAJANA SANGHAM NO.30/60,
REPRESENTED BY ITS PRESIDENT,
K.NARAYANA NADAR,AGED 62 YEARS,
S/O.KOCHUKRISHNA NADAR,THUNGHUVILA VEEDU,
KATTACHALL KUZHI P.O.,NEYYATTINKARA,THIRUVANANTHAPURAM.
2. K.NARAYANA NADAR, AGED 62 YEARS,
S/O.KOCHUKRISHNA NADAR, THUNGHUVILA VEEDU,
KATTACHALL KUZHI P.O., NEYYATTINKARA,
THIRUVANANTHAPURAM, PRESIDENT,
KOTTUKAALKONAM HINDU NADAR MAHAJANA SANGHAM NO.30/60.
3. APPU JYOLSYAN, SECRETARY,
KOTTUKAALKONAM HINDU NADAR MAHAJANA SANGAM,
BALARAMAPURAM, KATTACHALKUZHI P.O., TRIVANDRUM.
BY ADV. SRI.G.S.REGHUNATH
RESPONDENTS:-
------------------------------
1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REGISTRATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2. THE DISTRICT REGISTRAR (GENERAL),
OFFICE OF THE DISTRICT REGISTRAR, TRANSPORT BHAVAN,
EAST FORT, THIRUVANANTHAPURAM - 695 002.
3. C.P.GOPALAKRISHNAN,
S/O.CHELLAN NADAR, "PALAZHI", ''CHAVADI NADA'',
KATTACHAL KUZHI P.O., BALARAMAPURAM,
THIRUVANANTHAPURAM - 695 026.
4. P.DIVAKARAN,
PONNCHILAMBU, KOTTUKAALKONAM, KATTACHAL KUZHI P.O.,
NEYYATTINKARA, THIRUVANANTHAPURAM - 695 026.
R1 & R2 BY SR GOVERNMENT PLEADER SRI.MUHAMMED SHAFI
R3 BY ADV. SRI.S.JAMES VINCENT
R4 BY ADV. SRI.P.S.KRISHNA PILLAI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18-06-2014, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
sts
WP(C).No. 13490 of 2014 (I)
--------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-------------------------------------
EXHIBIT P1. TRUE COPY OF THE MINUTES OF THE GENERAL BODY MEETING
HELD ON 12.12.2010.
EXHIBIT P2. THE TRUE COPY OF THE COPY OF THE BYELAW ALONG WITH THE
AMENDED BYLAW.
EXHIBIT P3. TRUE COPY OF THE COPY OF THE LIST OF EXECUTIVE MEMBERS
ELECTED IN THE GENERAL BODY MEETING HELD ON 17.08.1997.
EXHIBIT P4. TRUE COPY OF THE MINUTES OF THE GENERAL BODY FOR
ELECTING THE NEW EXECUTIVE COMMITTEE COULD BE CONVENED
ONLY IN 2005.
EXHIBIT P5. TRUE COPY OF THE COPY OF THE MINUTES IN 2010.
EXHIBIT P6. TRUE COPY OF THE ORDER S.L.P. NO.26438/2010 AND 26439/2010
BEFORE THE HONOURABLE SUPREME COURT.
EXHIBIT P7. COPY OF THE REPRESENTATION DATED 19.04.2014.
EXHIBIT P8. COPY OF THE REPLY RECEIVED BY 3RD PETITIONER FROM 2ND
RESPONDENT DATED 03.05.2014.
EXHIBIT P9. COPY OF THE LETTER DATED 07.05.2014 FROM THE INFORMATION
OFFICER.
EXHIBIT P9(A). COPY OF THE PETITION DATED 29.04.2014 RECEIVED FROM THE
INFORMATION OFFICER.
EXHIBIT P10. TRUE COPY OF JUDGMENT DATED 07.11.2005 IN A.S.NO.39 OF 2000.
EXHIBIT P11. COPY OF THE ORDER DATED 25.06.2007.
RESPONDENT(S)' EXHIBITS
----------------------------------------
EXHIBIT R3(A) TRUE COPY OF THE JUDGMENT DATED 9/4/2010 IN A.S.615/2000 OF
THIS HON'BLE COURT
EXHIBIT R3(B) TRUE COPY OF THE NOTICE GIVEN TO THE MEMBERS OF THE
SANGHOM ON 24/6/2013
EXHIBIT R3(C)(COLLECTIVELY) TRUE COPY OF THE NOTICE DATED 14/2/2014 SENT
BY THE 3RD RESPONDENT TO THE 2ND
PETITIONER, WITH THE LIST OF SINGATORIES, AND
THOSE OF THE SPEED POST RECEIPT RELATING TO
THE NOTICE SENT TO THE 2ND PETITIONER AND
THE ACKNOWLEDGEMENT CARD SIGNED BY THE
3RD PETITIONER.
EXHIBIT R3(D) TRUE COPY OF THE PUBLIC NOTICE ISSUED AND PUBLISHED ON
THE OFFICE PREMISES OF SANGHOM ON 5/3/2014
sts 2/-
-2-
WP(C).NO.13490/2014
EXHIBIT R3(E) TRUE COPY OF THE REGISTERED LETTER SENT BY THE 3RD
RESPONDENT TO THE 3RD PETITIONER, ON 24/3/2014
EXHIBIT R3(F) TRUE COPY OF THE ELECTION NOTICE PUBLISHED IN THE PREMISES
OF THE SANGHOM ON 2/4/2014
EXHIBIT R3(G) (COLLECTIVELY) TRUE COPY FO THE NOTICE DATED 01/4/2014, WITH
THE EXTRACT OF NOTICE SERVED BY THE LOCAL
DELIVERY BOOK OF THE SANGHOM
EXHIBIT R3(H) (COLLECTIVELY) TRUE COPY OF THE LETTERS SENT BY THE 3RD
RESPONDENT TO PETITIONERS 2 & 3, ON 17/4/2014
EXHIBIT R3(I) TRUE COPY OF THE SPECIMEN COPY OF NOMINATION PAPER
EXHIBIT R3(J) TRUE COPY OF THE SPECIMEN COPY OF BALLOT PAPER
EXHIBIT R3(K) TRUE COPY OF THE PRESS REPORT IN KERALA KAUMUDI DAILY
DATED 22/4/2014
EXHIBIT R3(L) TRUE COPY OF THE CERTIFICATE OF CONDUCT OF ELECTION
ISSUED BY THE RETURNING OFFICER ON 23/4/2014
EXHIBIT R3(M) TRUE COPY OF THE MINUTES OF THE ADDITIONAL DISTRICT
MAGISTRATE, TRIVANDRUM, RECORDED AS NO.S.11-29580/2014 ON
22/4/2014 (ISSUED TO RESPONDENTS 3 & 4)
EXHIBIT R3(N) TRUE COPY OF THE LIST OF OFFICE BEARERS OF THE SANGHOM
NEWLY ELECTED ON 20/4/2014 AND ACCEPTED BY THE 2ND
RESPONDENT ON 30/4/2014
EXHIBIT R3(O)(COLLECTIVELY) TRUE COPY OF THE NOTICES DATED 20/5/2002 &
27/6/2010 PUBLISHED IN THE SANGHOM PREMISES
EXHIBIT R3(P) TRUE COPY OF THE ADVERTISEMENT ISSUED BY THE PETITIONERS
IN THE KERALA KAUMUDI DAILY DATED 1/6/2012
/TRUE COPY/
P.S.TO.JUDGE
sts
A.M. Shaffique, J.
=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=
W.P(C) No. 13490 of 2014
=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
Dated this, the 18th day of June, 2014.
J U D G M E N T
Writ petition is filed seeking to quash the orders issued by 2nd respondent by way of endorsement in Ext. P9(a). Petitioners also seek for a direction to the 2nd respondent not to receive the documents submitted by respondents 3 and 4.
2. The facts involved in this writ petition would disclose that the party respondents have approached the District Registrar informing him that a meeting has been held and a new Managing Committee has come into existence. As per the bye-laws of the society, the Managing Committee is elected for a period of 5 years whereas the party respondents, after having issued a requisition for holding a meeting, approached the District Registrar stating that they have held a meeting and requested for making necessary entries in the registry regarding the change of Managing committee members. The complaint is that the party respondents have no right to hold such a meeting, especially when the period of the Managing Committee is 5 years. That apart, the action of the District Registrar in making an endorsement in Ext. P9(a) stating that the details regarding the new Managing Committee is to be entered in the books is absolutely baseless when the period of present W.P(C) No. 13490 of 2014 -: 2 :- Managing Committee was not over.
3. Learned Counsel for the party respondents however points out that the meeting held by them is a validly convened meeting since the Managing Committee of the petitioner-society did not hold the meeting after three years, as specified under the bye- laws. It is their case that the period of the managing committee is only 3 years as stated in the bye-law and the contention that the bye-law was amended is absolutely wrong, which, according to the learned counsel, is clear from the judgment in A.S. No. 615/2000, which is produced as Ext. R3(a).
4. On the other hand, learned counsel for the petitioners relies upon Ext. P11 dated 25.6.2007, wherein paragraphs 6 and 7 as under:
"6. The society submitted the certified copy of the list of governing body elected in the general body meeting held on 17.08.1997 and 17.06.1998, copy of Bye-law amendment approved in the general body meeting held on 17.8.1997. The society had submitted the copy of the minutes book of the general body meetings held on 17.8.1997 and 17.6.1998 to prove the genuineness of election and Bye-law amendment made in general body on 17.8.1997. Hence these records are found relevant.
7. On 29.05.2007 at the time of hearing, the society had produced certified copies of list of governing body elected in the general body on 17.8.1997, 17.06.1998 and certified copy of the Bye Law amendment passed in the general body on W.P(C) No. 13490 of 2014 -: 3 :- 17.08.1997. These certified copies were issued on 08.10.1997 and 26.11.1998 respectively from the District Registrar office, Thiruvananthapuram by the then District Registrar ratifying the elections to governing body by the annual general body meeting held on 17.8.1997 and 16.6.1998."
It is argued that the amendment to bye-law was accepted by the 2nd respondent. Ext. P2 contains the amendments as well.
5. The subject matter in the appeal, which was decided by this Court in A.S. No. 615/2000, apparently relates to an election conducted for the managing committee in the year 1986. Therefore, the recital in the said judgment by itself may not be evidence enough to contend that there was no amendment to the bye-laws. Counsel for the party respondents further submits that the existence of Ext. P11 has also been taken note of by the learned Judge while disposing of A.S. No. 615/2000. That apart, validity of the 1997 resolutions was also subject matter of the suit, against which A.S. No. 615/2000 came to be filed.
6. Therefore, it is now clear that the validity of the 1997 resolution is yet to be adjudicated and an appeal is pending before the Supreme Court in a Special Leave Petition filed by the petitioners against the judgment in A.S. No. 615/2000.
7. The fact as to whether the bye-law has been W.P(C) No. 13490 of 2014 -: 4 :- amended stipulating the period of the Managing committee as 5 years, going by the facts of the case, is still a question is to be decided in the suit. In the absence of any such material to indicate that the bye- law has not been amended, it is prima facie to be assumed that on the basis of 1997 resolution of the General Body and Ext. P11 that amendment to bye-law has been accepted by the 2nd respondent. If the party respondents have any complaint to the said amendment, they have to approach the Supreme Court in the pending lis and obtain appropriate orders or to separately challenge the election by a separate suit.
8. Counsel for the petitioners also points out that paragraphs 42 and 44 of A.S. No. 615/2000 have not become final and it had to be decided in the proceedings which was remanded back to trial court and since appeals are pending before the Supreme Court, the same cannot be relied upon for any purpose.
9. The main contention urged by the 3rd respondent is that majority of the members called upon the managing committee to convene a meeting and as they failed for convening the general body meeting even after the expiry of the three year period, the requisionist themselves had convened the meeting and passed the resolutions. Therefore, petitioners having W.P(C) No. 13490 of 2014 -: 5 :- acquiesced in permitting such meeting to be held, cannot now challenge the proceedings of the 2nd respondent.
10. Perusal of Ext. P2 bye-law indicates that an extra ordinary meeting can be held on a request for a meeting by 50% of the members. This clause is amended in the 1997 resolution by making it a requisition meeting from among 3/4th of the total number of members. Further, the learned counsel for the 3rd respondent relied upon Shackleton on the Law and Practice of Meetings to contend that even in the absence of a specific provision permitting the requisitionist to convene a meeting, if there is failure on the part of the Managing Committee to convene the meeting, the requisitionist could do so after issuing notice to the members. The following passage in Shackletoon on the Law and Practice of Meetings, after referring to Isle of Wight Railway Company v. Tahourdin, [1883 Vol. XXV Ch.D 320] reads as under:
"If the practice to convene a meeting to considerer only some of the matters referred to in a requisition, the requisitioist would be within their rights in ignoring it and convening their own meeting."
In fact, in the present case, the request of the 3rd W.P(C) No. 13490 of 2014 -: 6 :- respondent was to conduct a meeting proceeding on the basis that the period of the Managing Committee expired after three years.
11. Whether the period of the Managing Committee has expired or not, is an issue which is still at large to be decided by the Supreme Court in the present civil appeal or any appropriate proceedings to be initiated by either of the parties. Therefore, even assuming for the sake of argument that the respondents have a right to call upon the Managing Committee members to convene a meeting, it cannot be based on the fact that the period of the present Managing Committee has expired.
12. Under these circumstances, I am of the opinion that the party respondents have no right to interfere with the decision of the Managing Committee.
13. The present factual situation indicates that the Managing Committee is elected for a period of 5 years. It is only a prima facie opinion as the finality of the 1997 resolution is yet to be adjudicated in the pending lis. As matters stand now, the Government has rightly relied upon the 1997 resolution in Ext. P11 proceedings. Hence, the 2nd respondent ought not to have have accepted the documents filed by the party respondents.
W.P(C) No. 13490 of 2014 -: 7 :-
In the result, the endorsement of the 2nd respondent in Ext. P9(a) is set aside. The party respondents are directed to approach the appropriate forum for resolving the dispute with reference to the validity of the present Managing Committee to hold office.
Sd/- A.M. Shaffique, Judge.
Tds/