The Young Mens Christian Association Of ... vs National Council Ymcas Of India on 19 July, 2019

[Cites 6, Cited by 1]

Delhi High Court

The Young Mens Christian Association Of ... vs National Council Ymcas Of India on 19 July, 2019

1. The dispute in the present suit relates to the various YMCAs of India and their National Council, known as the National Council of YMCAs of CS (OS) 148/2018 Page 1 of 50 India (hereinafter „NCYI‟). The suit was filed under Section 92, Code of Civil Procedure, 1908 by some member YMCAs against the NCYI, the President of which at that time was Mr. Lebi Philip Mathew. Various reliefs were sought in the suit for settling a scheme under Section 92, to safeguard the moveable and immovable assets of the NCYI, and to supervise the conduct of elections. Vide judgement dated 19th July, 2018, after granting leave under Section 92, this Court had appointed an Election Officer for the conduct of elections. The operative portion of the said order is set out hereinbelow:-

"45. It is possible that the Nomination Committee or the Defendant organization may have various justifiable reasons for these changes that have been brought about in the membership list and the requirements in respect thereof. However, considering the nature of the Defendant body, which is holding in trust large quantum of immovable and movable properties across the country of its 756 members YMCAs, there can be no doubt that the elections ought to be conducted smoothly, fairly and as per the memorandum and rules of the organization. It is sufficient to say at this stage that the apprehensions raised by the Plaintiffs do not lack basis. Any changes in the list of members will have an impact on the final electoral result. Further if several member associations have been suspended or not allowed to participate in the elections, the results are likely to be skewed. Thus, it is deemed appropriate to, appoint an independent observer to supervise and conduct the elections already scheduled for the elected posts in the National Executive on 2nd September, 2018.

46. It is deemed fit to appoint Justice Mr. Anil Dev Singh (Retd) as the Election Officer for conducting the elections, as per the Schedule announced by the Defendant. The Election Officer would be empowered CS (OS) 148/2018 Page 2 of 50 to:

a) To draw up/finalise the list of 'good standing' member YMCAs that would be entitled to send their delegates/nominees for voting in the forthcoming elections;

b) Review the list of member organisations, who have been either suspended or not allowed to participate in the elections and afford them an opportunity to rectify the shortcomings and enable their participation in the elections, as per the Rules;

c) Verify the lists of delegates being nominated by the various YMCAs organizations;

d) Call for any information that may be required to establish their genuinity as members of the said local organizations;

e) Draw up a final list of voters who would be entitled to vote on behalf of their various member organizations;

f) Scrutinise the eligibility of the persons nominated by the Nomination committee;

g) Scrutinise the counter nominations that may be filed;

h) Interact with the member organizations in respect of the venue for the elections and if required, change the venue;

i) Conduct the elections in a fee and fair manner and if required by secret ballot;

j) Announce the final results.

47. Further the Puthoor YMCA, Ruhnamkulam YMCA, Ernakulam YMCA, and Bombay YMCA are permitted to approach the Election Officer for enabling their participation in the elections, subject to such conditions as the Election Officer may impose.

48. The Nomination committee shall extend complete cooperation to the Election Officer and work with him for the smooth conduct of elections. In case of disagreement, the opinion of the Election Officer shall CS (OS) 148/2018 Page 3 of 50 be final and binding."

2. Simultaneously, status quo was directed to be maintained in respect of the immovable properties of NCYI.

3. From the records of the Election Officer it is evident that the process for holding elections was commenced, after the order of this Court. Initially, the elections were fixed for 6th October, 2018, however, as there were a large number of disputes amongst the warring groups, the elections were postponed. Out of the total number of 756 member YMCAs, disputes were raised in respect of 130 YMCAs, as to which of them would be entitled to participate in the election proceedings and nominate their respective candidates for participating in the elections. The learned Election Officer passed various orders from time to time and the elections were finally fixed for 2nd December, 2018. Two important decisions were taken by the Election Officer, which have been called to question. These are decisions dated 21st November, 2018, and 29th November, 2018. The Election Officer‟s decision dated 21st November, 2018 led to the Pathanamthitta YMCA (Hereinafter, „PYMCA‟) and Repalle YMCA ( Hereinafter, „RYMCA‟) being disqualified. A total of 31 other YMCAs were also disqualified by the Election Officer vide order dated 29th November, 2018.

4. The Election Officer submitted his report dated 5th December, 2018. In view of PYMCA being excluded from the Good Standing list of YMCAs, its nominee, Mr. Lebi Philip Mathew was out of the race for the post of President. Mr. J.B. Koshy, who was the nominee of the Ernakulam YMCA was thus declared as the National President of the NCYI. The other elected office bearers were the National Treasurer, Mr. R.S Shettian, the National Vice Presidents (above the age of 30 years), Mr. V. Asokan Solomon and CS (OS) 148/2018 Page 4 of 50 Mr. Jacob Koshy, and the National Vice President (below the age of 30 years), Mr. Gaurav Kalyan. The elections to the National Executive and the National Board could not be held.

Summary of the proceedings before the Election Officer.

5. Upon the issuance of the notice of elections, even prior to the filing of the suit, by the then management of NCYI, all member YMCAs were required to submit their ASRs (Annual Statistical Report) by 30th September 2017. A total of 498 members had submitted the ASRs and inspection of the same was given to the Plaintiffs by the Election Officer. The Election Officer was to draw up and finalise the list of good standing members of the YMCA, who would be eligible to participate in the elections. The NCYI took the stand that all the requisite e-mails, in respect of submission of ASRs and notices of default were sent to the member YMCAs. However, vide order dated 16th August, 2018, the Election Officer considered Article II (6) (a) of the Memorandum of Association of the NCYI, which requires specific default notices to be issued. Accordingly, the Election Officer observed as under:-

"9. In order to appreciate the contention of Mr. Mahajan Article II (6a) needs to be looked at. The said Article reads as under:

"(a) Every Member of the Society, who fails to pay the affiliation fees or submit the returns information on or before the due date shall be given notice of the default by the National General Secretary within one month. The Member shall be disqualified to be represented at any General meeting of the Society or at any meeting of the National Board by the National Executive unless the default is set right within three months of the CS (OS) 148/2018 Page 5 of 50 due date or within such further time as the National Executive may fix in its discretion."

10. A reading of the said article leaves no possibility of doubt that it casts a duty on the NCYI to issue default notice to every member of the society who fails to pay the affiliation fee or fails to submit the return on or before the due date. The words „shall be given notice‟ appearing in Article II (6a) have a compulsive force. These words impose an obligation on the NCYI to issue a notice to the defaulting member YMCA apprising it of its default within the time imperative contemplated by Article II 6 (a). The idea behind the Article appears to be that a member ought not to be disqualified without issuing a notice to it as it will not be able to participate in the election of the Executive Committee of NCYI as per Article VI of its Memorandum of Association. This provision is based upon the principles of natural justice. The interpretation placed by Mr. Mahajan cannot be accepted as it renders the Article otiose.

11. The assertion made by NCYI on August 09, 2018 that default notices were sent by email to the members is not correct. That apart, there is no proof of the fact that member YMCAs were served with the default notices even if such notices, as being claimed by NYCI, were sent by ordinary post. A disqualified member YMCA loses status of a 'Good Standing YMCA' and is consequently debarred from participating in the said election process. Therefore, Article II(6a) mandatorily requires the NCYI to serve a notice to the member YMCA so that it can save itself from being disqualified by curing the default within the prescribed time."

6. The Election Officer also held that the list of good standing YMCAs prepared by the NCYI could not be approved until the inspection of documents was completed and the parties were heard. Doubts were CS (OS) 148/2018 Page 6 of 50 expressed as to whether the election could be conducted as scheduled on 2nd September, 2018. Requests were made on 23rd August, 2018 for postponement of the election due to the flood situation in the Kerala, which was the venue for the election. Applications were filed by Defendant No. 1 for inclusion of 14 members in the list of Good Standing Members, and by the Plaintiffs for removal of 218 YMCAs from the said list. After consulting the various member YMCAs, the Election Officer came to the conclusion that the members were in favour of holding the election at Adoor, Kerala. The convention of the National Board, the triennial convention and the National Board meeting was also fixed to be held from 5th October to 7th October, 2018 at Adoor alongwith the election. Vide order dated 19th September, 2018, the Election Officer passed the following directions:

i) That any member YMCA affiliated after 30th September, 2017 would not be considered in the good standing list in view of Article IV read with Article II. Such members would not be allowed to be represented at the General Meeting of the Society.

ii) On the issue as to whether any YMCA which was not established two years prior to 31st March, 2017, which was the cut-off date, could be considered as being validly affiliated for the relevant year and for the good standing list, the Election Officer, in view of Article II (2) (vi) held that such members could not be considered in the good standing list.

iii) It was further held that member organisations which had filed defective ASR forms were to be given notice.

iv) On the issue of whether compliance under Section 4 of the CS (OS) 148/2018 Page 7 of 50 Societies Registration Act, 1860 ought to have been made by the member YMCAs before they could be considered as good standing members, the Election Officer ruled as under:-

"4 (i) Point no. 6: The next question that has been raised by Mr. Jose is whether or not proof of filing the list of members of the Governing Body of the affiliated YMCAs before the Registrar of Societies under section 4 of Societies Registration Act, 1860, should be made a criteria for allowing rectification of defects "like forged signatures of President/Secretary, not furnishing proper addresses of full members as per Article II 5 (b), making cash payments in violation of requirements of circular dated June 01, 2017".

(ii) Section 4 of the Societies Registration Act requires that once in every year on or before 14th day succeeding the day on which according to the rules of the society, the annual general meeting of the society is held, or if rules do not provide for annual general meeting, in the month of January, a list shall be filed with the Registrar of Joint-Stock Companies of the names, addresses and occupations of the Governors, Council, Directors, Committee or other governing body entrusted with the management of the affairs of the society.

(iii) Therefore, under section 4 of the Societies Registration Act, it is incumbent on the YMCAs to furnish the names and addresses of the persons manning its governing body, which will obviously include the particulars of the President, Secretary and any other other person, who is a member, of the governing body. It is a mandatory provision which has a salutary object to achieve. From the list, it can be ascertained who are actually managing the affairs of the society. Therefore, it can be easily identified whether or not, the person who is signing the ASR of a YMCA is actually its President or Secretary or some imposter is faking as President or a Member of the CS (OS) 148/2018 Page 8 of 50 YMCA. Mr. Beeran contended that the circulars issued' by NCYI to the affiliated YMCAs before May, 30, 2016 required the YMCAs to comply with the statutory provisions of Section 4 of the Societies Registration Act, 1860 and as a proof thereof, it was, inter alia, required to furnish a copy of the receipt issued by Registrar's office of filing of its accounts and list of Directors while submitting to the NCYI, their annual returns and affiliation fee and fair share. Mr. Beeran pointed out that this requirement was dropped from the circulars issued after May 30, 2016 and affiliated members were not supposed to furnish aforesaid copy of the receipt issued by the Registrar's office. The mere fact that the circulars dropped the requirement to furnish a copy of the receipt issued by Registrar's office relating to the filing of the accounts and details of the persons manning the governing body does not absolve the YMCAs of complying with the statutory provisions of section 4 of the Societies Registration Act, 1860. YMCAs admitted/affiliated to the NCYI shall be asked to file said receipt issued by the Registrar's Office on filing of the accounts and list of Directors as before December 31, 2017. Remaining question raised by Mr. Jose regarding cash payments of fee etc. will be considered at the time of affording an opportunity to the YMCAs to have their say."

7. Vide order dated 25th September, 2018, the Election Officer passed orders in the application filed by the Plaintiff for inclusion of 14 YMCAs in the good standing list. Jabalpur YMCA, Parappur YMCA, Iritty YMCA, Sreekandpuram YMCA, Arnakulam YMCA, Ayappara YMCA, Pollam YMCA and Fort Cochin YMCA were directed to cure various deficiencies within three days. The orders excluding Kunnamkulam YMCA, Puthoor YMCA, Alappuzha YMCA, Kuttemperoor YMCA and KadathyMarady YMCA from the list of good standing members were set aside. It was CS (OS) 148/2018 Page 9 of 50 observed by the Election Officer that Perumpadave YMCA was rightly not included in the good standing list.

8. Thus, out of the 14 YMCAs, except Perumpadave YMCA, notices were issued to 13 YMCAs, as according to the Election Officer, they had been wrongly excluded from the list of good standing YMCAs. On 29th September, 2018, considering that the elections were scheduled to be held shortly, the Election Officer proposed as under:-

"11. It was suggested by the undersigned that the election should be held on the schedule date and the YMCAs which are in controversy as not being eligible for voting, should be permitted to cast their vote in a separate Ballot Box and their eligibility could be decided after the election. The parties were asked to respond to the suggestion on the next date."

9. Thus, the Election Officer thought it fit to consider that the YMCAs not found to be in good standing, should be permitted to cast their votes in a separate ballot box and their eligibility would be decided after the election. Parties were directed to respond to this suggestion. On 30th September, 2018, owing to the fact that further inquiries were required into the good standing list of YMCAs, the election scheduled for 6th October, 2018 was postponed by the Election Officer.

10. One of the issues that arose while deciding the `good standing‟ YMCAs, was in respect of short payment of application fee by the YMCAs on the basis of the district/city/panchayat/municipality/ corporation, where each of the YMCAs was located. The election of the executive committee was then scheduled for 2nd December, 2018 vide directions dated 22nd October, 2018.

11. Submissions were heard in respect of RYMCA and PYMCA. On 4th CS (OS) 148/2018 Page 10 of 50 November, 2018 those YMCAs that had made short payment were directed to make good the deficiencies and pay the arrears on or before 8th November, 2018, failing which their names would be removed from the good standing list. On 6th November, 2018, the Election Officer issued the following notification:-

"Pursuant to the Order dated October 22, 2018, the National Triennial Election shall be held on December 2, 2018 at Mar Thoma Youth Centre, Adoor, Kerala, as per the following schedule:-

1) The delegates should report to the Election venue with their original ID cards.

ii) Election will be held from 11.00 - 4.00 PM.

iii) Registration will close at 3.00 PM.

iv) Counting of votes will take place on December 2, 2018 from 4.00 PM and onwards.

v) Result of the election shall be announced after completion of the counting of votes.

On finalization of the Electoral Rolls, YMCAs eligible to participate in election shall be duly intimated of the same."

12. On 9th November, 2018, in respect of the 13 YMCAs which were permitted to cure the deficiencies detailed in the show cause notice dated 20th August, 2018, further scrutiny was carried out. The members retained in the good standing list were as under:-

"3. Having regard to the above kannamklum, Puthoor, Alappuza, Jabalpur and Kadathy Marady shall be included in the Good Standing List of YMCA. Katamperoor YMCA shall be included in the list of Good Standing YMCA subject to payment of arrears of Rs. 4,000/- within 4 days by depositing the amount in the account of NCYI through NEFT/RTGS."

CS (OS) 148/2018 Page 11 of 50

13. Thus, out of the 13 YMCAs that had been given time to cure defects, 6 were retained on the good standing list and the remaining stood disqualified for non-compliance.

14. On 10th November, 2018, the Election Officer considered the objections raised by the Plaintiffs that in case there is one member YMCA affiliated to the NCYI from a particular territory, then a second member association cannot be admitted as a member. Article II (2)(vii) relied upon reads as under:-

"PROVIDED that no Association organized in a City Corporation, Municipality or Panchayat, wherein there is an existing affiliated YMCA, shall be admitted to the membership of the Society."

15. By virtue of this provision, the Election Officer issued notice to Bhel Nagar YMCA, Ollur YMCA, Puliyanam YMCA, Vattaparambu YMCA and Kazhkoottam YMCA, Chennai YMCA, Ambattur YMCA, Perungundi YMCA, Porur YMCA, St. Thomas Mount YMCA and Vilivakkam YMCA to show cause as to why they should not be delisted from the list of good standing YMCAs. Notices were issued to all of them for taking a decision as to which YMCAs were required to be disqualified.

16. On 21st November, 2018, the Election Officer decided the question as to whether PYMCA ought to be retained in the good standing list or not. The Election Officer, after perusing various records and discrepancies in the PYMCA minutes, decided that PYMCA would stand disqualified. The findings of the Election Officer are as under:-

"31. Therefore, according to the aforesaid notification, it is mandatory for YMCAs affiliated to National Council to file their annual returns, namely, Annual Statistical Report as on March 31, 2017 on the CS (OS) 148/2018 Page 12 of 50 prescribed form. Annual Report, audited statement of accounts and minutes of the General Body Meeting held in 2017 for the years 2016 - 17. All the four returns need the signatures of the President and the Secretary. Since, Advocate Johnson Vilavinal was not elected validly as the Secretary of the said YMCA, the returns submitted to the NCYI suffer from invalidity. Since 4 members of the board of directors who were elected during the said meeting on May 19, 2017 that did not have the requisite quorum and who were part of the meeting of the Board of Directors dated May 22, 2017 cannot be said to have validly elected Mr. Abel Methew as the President of Pathanamthitta YMCA. Therefore, ASR for the period ending March 31, 2017 signed on September 18, 2017 by Mr. Abel Mathews and Advocate Vilavinal cannot be considered as valid ASR. In this view of the matter, for the purposes of Triennial Election of the Executive Committee of the NCYI, the said YMCA cannot be considered to be in the good standing list of YMCAs."

17. In respect of RYMCA, the issue raised by the Plaintiff was that the entire membership of the said YMCA had changed. This was demonstrated by comparing the list of the members for the years 2014-15 and 2015-16. In response, it was argued that owing to the fact that the majority members did not continue their membership with RYMCA, the minority members were told by the District Registrar, Guntur to register a new society. Thus, RYMCA is not a fake YMCA. The Registration number was 148/2018. In respect of this YMCA, the Election Officer held that since the said member was registered only in 2018 and only such members, which were affiliated prior to 30th September, 2017 were permitted to be included in the good standing list, RYMCA was not retained in the said list for the purpose of the upcoming election. The findings of the Election Officer are as under:-

CS (OS) 148/2018 Page 13 of 50

"3. It is the case of the Defendant that there was a dispute between the majority members and the minority members of the Repalle YMCA and as a result thereof there was a split and the minority took up the matter and approached the Registrar of Societies to register their faction as Repalle YMCA. It is stated by the Defendant that this was done at the advice of the Registrar of Societies. Be that as it may, undoubtedly a new YMCA was registered with registration no. 148/2018 in the year 2018. This being so, the aforesaid newly registered YMCA needs a fresh affiliation to the NCYI. I have already held by a detailed order dated September 19, 2018 that only such of the YMCAs that were affiliated/admitted as members of the NCYI on or before September 30, 2017 and which have filed the requisite documents and paid the fee before December 31, 2017 shall be entitled to attend Triennial Election of the Executive Committee of the NCYI and to vote. A YMCA which fails to satisfy any one of the aforesaid requirements is not entitled to vote. Accordingly, Repalle YMCA cannot be retained in the good standing list of YMCAs for the purposes of voting at Triennial Election of the Executive Committee of the NCYI as it being a newly registered YMCA needs to be affiliated with NCYI and it cannot claim to be affiliated on the basis of the earlier affiliation before the aforesaid split. I order accordingly."

18. On 24th November, 2018, an application moved by NCYI for disqualifying six YMCAs: Bombay, New Delhi, Perumbavoor, Alwaye, Goa (Panjim) and Kollam (Quilon) was considered by the Election Officer. The objection in respect of these YMCAs was that the quorum which was required as per the Rules and Regulations of the said YMCAs was not fulfilled in the General Body Meetings. The Election Officer, after going through the Rules and Regulations, and the number of persons who had been CS (OS) 148/2018 Page 14 of 50 present in the General Body Meetings, retained Bombay YMCA, New Delhi YMCA, Perumbavoor YMCA, Alwaye YMCA and Kollam (Quilon) YMCA but disqualified the Goa (Panjim) YMCA. On 25th November, 2018, Nedumbassery YMCA, Mannuthy YMCA and Ollur YMCA were directed to be deleted from the good standing list due to various deficiencies. On 27th November, 2018, the NCYI was again directed to prepare the list of good standing YMCAs and furnish the same, as the election was approaching. On 29th November, 2018, an application for postponement of the election was rejected. An application moved by Madras YMCA to delete Nagarcoil YMCA from the list of good standing members was taken up. On 29th November, 2018, the good standing list was finalised, and 343 YMCAs were retained in the said list. Corrections were made to the said list on 29th November, 2018 to the following effect, to implement the earlier orders of the Election Officer:-

"Pathanamthitta YMCA (serial no. 268) has been inadvertently shown in the list of Good Standing YMCAs circulated today. Pathanamthitta YMCA shall deemed to have been deleted from the list of Good Standing YMCAs. Pathanapuram YMCA has been inadvertently deleted from the said list. It shall deem to have been included in the Good Standing list of YMCAs and deemed to have been placed at serial no. 268 in the said list. This order shall be circulated by the NCYI to all concerned."

19. On 30th November, 2018, the Election Officer directed that Nagarcoil YMCA would continue to remain in the list of good standing YMCAs. On 30th November, submissions were heard on the various nominations. Mr. V. Asokan Solomon, who had filed a nomination for the post of National President, and had withdrawn the same but retained his Vice-Presidential CS (OS) 148/2018 Page 15 of 50 nomination sought reconsideration. The Election Officer passed the following order in respect of the said request:-

"11. In the request letter, it is stated that he is the Vice- Presidential candidate proposed by the Nomination Committee of the NCYI and he may be considered for the post of National President of NCYI in the ensuing elections. Mr. Mani Kumar states that he was earlier nominated for the post of President Nagercoil but the Nomination Committee approved his candidature for one of the posts of Vice President. He accepted the same since Mr. Leby Philip Mathews of Pathanamthitta YMCA wished to contest for the post of National President for the second tenure. According to Mr. Mani Kumar, his candidature for the post National President needs to be considered as he is eligible for the post.

12. It cannot be denied that Mr. V. Asokan Solomon did not file any counter nomination for the post of President, when the Nomination Committee approved the nomination of Mr. Leby Philip Mathews for the post of National President of the NCYI. In request letter dated November 23, 2018, Mr. Asokan has requested for his re-nomination in its individual capacity. Even the letter is not accompanied by a Resolution of Board of Directors of Nagercoil YMCA proposing his name for the post of National President of the NCYI. In the circumstances, therefore, the request of Mr. Asokan is hereby rejected."

20. Thus, the disqualification of Mr. Lebi Philip Mathew, who had filed a nomination for the President‟s post, which had triggered the request of Mr. V. Asokan Solomon had become a contentious issue. Mr. Lebi Philip Mathew had filed his nomination from PYMCA, and since PYMCA was de- listed from the list of good standing members, his nomination was rendered invalid. Mr. V. Asokan Solomon who had originally wished to contest for CS (OS) 148/2018 Page 16 of 50 the post of President but did not file a counter nomination in favour of Mr. Lebi Philip Mathew, had sought reconsideration. With the rejection of Mr. V. Asokan Solomon‟s request, Mr. J.B. Koshy was elected unopposed as the President of NCYI.

Proceedings before the High Court in the present suit.

21. During the period while the matter was under consideration before the Election Officer, various applications were filed before this Court. On 29th November, 2018, the order of the Election Officer disqualifying PYMCA from the list of good standing members leading to the disqualification of its Presidential candidate, Mr. Lebi Philip Mathew was filed before the Court. In the said application, the following order was passed:-

"LA. 16192/2018 & I.A. 16209/2018 .

The elections are slated for 2nd December, 2018. The Election Officer -

Justice Anil Dev Singh (Retd.) was appointed by this Court vide order dated 19th July, 2018. The Election Officer has taken a decision on 21st November, 2018. The applications have been listed today for the first time. Ld. Counsel for Applicant submits that one of the candidates has been disqualified.

This Court is not inclined to interfere in the election process which is two days away, especially when the decision of the Election Officer is dated 21st November, 2018.

Issue notice in the applications.

List for hearing on 17th January, 2019, the date already fixed.

A copy of this order be given dasti under signature of the Court Master."

22. On 11th December, 2018, the Court further considered the applications under Order XXXIX Rules 1 and 2 CPC and other applications and passed CS (OS) 148/2018 Page 17 of 50 the following order:-

"I.As. 16978/2018 (u/6 1 Rule 10 CPO & 16979/2018 (u/O XXXIX Rule 1 and 2) & 16626/2018 (u/O XXXIX Rule 1 and 2 CPC ......

2. It has been brought to the notice of the Court by way of these applications that the post of the President went uncontested in view of the fact that the YMCA which had proposed the name of Mr. Leby Philip was disqualified and was held to be a member. of not good standing.

3. The newly elected team shall takeover and perform its functions in accordance with the constitution, memorandum and rules. Let the present applications also be listed on the said date. Any decisions taken by, the current President who has been elected on 2nd December, 2018 shall be subject to the outcome of the present applications and the applications which are already pending before this Court.

4. The matter is already listed on 17th January, 2,019. Issue notice to the Plaintiffs. They shall file their reply within a week. Rejoinder, thereto, be filed within one week thereafter.

5. List on 17th January, 2019, the date already fixed.

6. Dasti."

23. Order dated 29th November, 2018 was challenged in FAO (OS) 179/2018 and vide order dated 4th December, 2018, the appeal was dismissed as withdrawn.

24. Thereafter, on 17th January, 2019 various applications were considered by this Court. Disputes were raised by the five newly elected office bearers on the ground that the incumbent secretary, Mr. Mani Kumar, who is in control of all the records was not handing over the records to the new President. A Local Commissioner and an observer were appointed and CS (OS) 148/2018 Page 18 of 50 the following order was passed:-

"1. There are several applications which have been filed today which reveal that there is a complete stalemate in the functioning of Defendant No.1, National Council of YMCAs of India (`Council‟). The allegation is that the Secretary, Mr. Mani Kumar, who was in control of all the records, is not handing over the records to the new President, on the ground that he has been appointed by the Executive and does not report to the President. Under such circumstances, the new President has also put his lock on the room containing all the official records. Thus, currently the functioning has come to a complete standstill.

2. In the elections which were held on 2nd December, 2018, under the supervision of Election Officer appointed by this Court, the following persons were elected: -

            (i) President          -     Mr. J.B. Koshy
            (ii)      Vice President(s) -      Mr.          Asokan

Solomon, Mr. Gaurav Kalyan and Mr. Jacob Koshy

(iii) Treasurer - Mr. R.S. Shettian

3. The election of the President has been challenged on the ground that he was elected unopposed and accordingly, this Court had directed on 11th December, 2018 as under: -

"3. The newly elected team shall takeover and perform its functions in accordance with the constitution, memorandum and rules. Let the present applications also be listed on the said date. Any decisions taken by the current President who has been elected on 2nd December, 2018 shall be subject to the outcome of the present applications and the applications which are already pending before this Court."

4. The facts which have now been spelt out in these applications show that there are disputes within the Defendant No.1, as to who should act as the Secretary, CS (OS) 148/2018 Page 19 of 50 and which counsel should represent the Council, and various other administrative decisions. Accordingly, it is deemed appropriate to direct as under: -

(i) Mr. Johns George, Advocate (08394927678) is appointed as a Local Commissioner to visit the office of Defendant No.1 and take into custody all the records of Defendant No.1. Mr. Mani Kumar and Mr. Bertram Devdas who has been appointed by J.B. Koshy as the Officiating Secretary, will cooperate with the Local Commissioner and ensure that all the records are handed over to the Local Commissioner.

(ii) The Local Commissioner shall then prepare a complete list of all the files, duly assisted by Mr. Mani Kumar and Mr. Bertram Devdas. After the files are duly taken, the Local Commissioner shall put a lock and keep custody of all the records. The keys shall be brought to this Court on the next date along with the LC report.

The local commission shall be executed on 23rd and 24th January, 2019 from 11 am onwards. The Local Commissioner shall be paid a fee of Rs.1 lakh by the Council.

5. Upon the Local Commissioner‟s exercise being completed, a meeting shall be called of the following persons: -

            a) President           -       Mr. J.B. Koshy
            b) Vice President(s) -         Mr. Asokan Solomon,
            Mr. Gaurav Kalyan and Mr. Jacob Koshy
            c) Treasurer           -       Mr. R.S. Shettian

6. The meeting shall take place on 1st February, 2019 at 2:30 pm, in the presence of the Court observer, Ms. Rebecca John, Senior Advocate (M: 9810068499). The venue for the meeting of the office bearers shall be the office of the Council in Delhi. The office bearers shall take a decision in respect of the following: -

(i) Appoint a new National General Secretary for the National Counsel of YMCAs of India.

(ii) Appoint counsels who would be representing CS (OS) 148/2018 Page 20 of 50 Defendant No.1 and execute the necessary vakalatnamas.

(iii) Decide a date for the meeting of the National Board.

(iv) Decide on a schedule for the conduct of the elections of the National Executive.

The decisions shall be drawn up in the form of minutes and shall be placed before this Court on the next date, under the signatures of the Observer.

7. The fee of the Ld. Observer for attending the meeting and also for finalising the minutes and submitting the same before this Court, is fixed at Rs. 2,00,000/-. The fee of the Local Commissioner and the Ld. Observer shall be borne by the Council.

8. All the remaining applications shall be taken up for hearing on the next date. Parties are directed to their complete pleadings in all the I.As. before the next date. List before Court on 20th February, 2019.

9. Dasti."

25. This order dated 17th January, 2019 was challenged by Mr. Mani Kumar and initially on 29th January, 2019, an interim order was passed by the Ld. Division Bench, which reads as under:-

"Mr. C.R.P. Manikumar, the appellant herein claims to be appointed as the National General Secretary of the YMCAs of India and his grievance is that learned Single Bench while passing the impugned order on 17.01.2019, directed for a meeting to be held on 01.02.2019 at 2:30 p.m. in the presence of the Court Observer wherein a decision has been taken to appoint a new General Secretary. This, according to the appellant, has been done without issuing notice to him as well as without hearing him, particularly, when there being no challenge to his appointment in the original suit.

It is his contention before us that in directing for his removal and fixing a meeting under the Court CS (OS) 148/2018 Page 21 of 50 Observer to appoint a new General Secretary, rights which had accrued to him by virtue of his appointment are being taken away behind his back in total violation to the principles of natural justice and the provisions of the constitution of the YMCAs have been violated. If that be so, the appellant, should, at the first instance, file an appropriate application bringing all these facts to the notice of the learned Single Judge where the suit is pending and thereafter it is for the learned Single Judge to pass an appropriate order on such application. The appellant should file such an application within two days from today. Till the orders are not passed on the said application to be filed by the appellant, the decision in the meeting to be held on 01.02.2019 with regard to Item No.6(i) i.e. appointment of National General Secretary for the National Council of YMCAs of India shall be kept in abeyance.

With the aforesaid liberty being granted to the appellant, the appeal stands disposed of. Copy of the order be given dasti under the signature of the Court Master."

26. Thereafter, vide order dated 12th March, 2019, the above order was suspended by the learned Division Bench. The said order dated 12th March, 2019 reads as under:

"In the meantime, we suspend the order dated 29.01.2019 in so far as this this Court had kept in abeyance the decision in the meeting held on 01.02.2019 with regard to item no. 6 (i) i.e. appointment of National General Secretary for the National Council of YMCAs of India"

Thus, the observer‟s report has now been filed.

27. Submissions have been made on all the applications by the parties. The report of the Election Officer shows that owing to the short time which CS (OS) 148/2018 Page 22 of 50 was available, the election to the National Executive was not held and only election to the five posts of the President, three Vice-Presidents and one Treasurer were held.

28. In the above background, the judgment was reserved in various IAs. The said IAs are dealt with hereinbelow:

I.As. 1893/2019, 16209/2018, 16979/2019 and 2653/2019 (i) I.A. 1893/2019

29. The present application has been filed by various YMCAs (31) which were not allowed to participate in the election held on 2nd December, 2018. They seek the following reliefs.

"a) Set aside the results of the Election held on 02.12.2018 as the same was held in violation of the Articles of the Constitution of the Defendant no.1-

NCYI.

b) Include the applicants in the list of Good Standing YMCA's as per Article II of the NCYI constitution.

c) Hold fresh elections as per the articles of the constitution of the NCYI. "

The YMCAs that filed the present application are as under:

                    Sr. No.              YMCA
                   1.              Nannuvakkadu North
                   2.                  Bethapudi
                   3.                  Ullipalem
                   4.                   Hindupur
                   5.                  Kollapalem
                   6.                    Kolluru
                   7.                     Oleru
                   8.                  Arumbaka
                   9.                 Bidarudibba
                   10.                Thurpupalem
CS (OS) 148/2018                                                     Page 23 of 50
                    11.                 Gudavalli
                   12.               Cherukupalli
                   13.                 Nagaram
                   14.               Adavuladeevi
                   15.                Bhattiprolu
                   16.                 Penumudi
                   17.                 Pudiwada
                   18.                 Zampani
                   19.                 Siripuram
                   20.                  Chavali
                   21.                   Inturu
                   22.              Nadigaddapalem
                   23.                Vadlamudi
                   24.                Dachepalli
                   25.                 Chandole
                   26.                   Tenali
                   27.                Piduguralla
                   28.               Narasaraopet
                   29.                  Bapatla

30. The ground, on which the said YMCAs were disqualified was that they did not produce the certificate under Section 4 of the Societies Registration Act. According to the 31 YMCAs, they had submitted their ASRs, paid the affiliation fee to the NCYI and also their fair shares as application fee to the NCYI. It is submitted that the step of disqualification has led to there being no representation on behalf of these YMCAs in the elections. They are, further, aggrieved by the fact that the said YMCAs had also nominated Mr. Lebi Philip Mathew for the post of President and Rev. Emmanuel Rebba for that of Vice-President. Disqualification of the said YMCAs led to the post of President and Vice-President going unopposed. It is submitted that the production of the Section 4 certificate is not mandatory. It is further submitted that the names of these YMCAs were published in the CS (OS) 148/2018 Page 24 of 50 good standing list which was published by NCYI as on 31st December, 2017 and there was no reason as to why the Election Officer should have disqualified these YMCAs.

(ii) I.A.2653/2019

31. By this application, the Plaintiff submits that as per the original schedule, the National Board was to hold a meeting on 3rd September, 2018 immediately on the following day of the General Body. The General Body was postponed twice, and hence the National Board was not held. It is also submitted that 160 YMCAs that were originally in the good standing list were also deleted by the Election Officer. The National Executive is also to be elected. The following reliefs are, accordingly, sought.

"a. Appropriate direction for the just and proper election of 11 members to the National Executive of the Defendant No.1 and the conduct of the National Board."

(iii) I.A. 16209/2018

32. This application has been moved by PYMCA on the ground that the order dated 21st November, 2018 passed by the Election Officer was vitiated. It is submitted that the ld. Election Officer wrongly disqualified PYMCA. PYMCA was issued a notice by the Election Officer wherein the only one discrepancy, which was found, was that the `signature of the President secretary had allegedly forged.‟ PYMCA was also, accordingly, asked to rectify the same. It is submitted that the mandate of the Election Officer was as per the order dated 19th July, 2018 and the Plaintiffs had no locus to point out every discrepancy in the functioning of PYMCA. However, the Election Officer wrongly allowed the Plaintiffs to make various allegations, despite the fact that in response to the notice issued to it, CS (OS) 148/2018 Page 25 of 50 PYMCA had filed the following documents.

"i. Sworn Affidavit of the President and Secretary of the YMCA testifying their signatures on the ASR. ii. Acknowledgement issued by the District Registrar, Kollam (Appropriate Authority) certifying that the YMCA has submitted their necessary annual records as per Rule 7(iii) of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955.

iii. The List of Members of the Director Board of the Applicant YMCA of the year 2017 elected and submitted to the District Registrar.

iv. Govt. Issued ID Cards of more than 25 Full Members of the Applicant YMCA. "

33. With the filing of these documents, the requirements were completed and hence since similarly placed YMCAs, that had submitted the documents, were also retained in the good standing list, the only reason why PYMCA was disqualified was that the Presidential candidate belonged to PYMCA and the Plaintiffs had a vested interest in getting him disqualified. Various allegations, which were not as per the notice issued by the Election Officer, were entertained. Issues as to the quorum in the general body were also raised, which were clarified. The Election Officer was made to go into a fishing and roving enquiry whereby the rules governing the quorum were sought to be produced, as also the manner in which amendments to the said rules had been carried out. An amendment dating back to 2010 was considered, and this was beyond the mandate of the Election Officer. The amendment, which was 8 years old, was held to be unlawful and erroneous - 8 years later. It is further submitted in the application that the other candidate for the post of President - Justice (Retd.) J. B. Koshy regularly CS (OS) 148/2018 Page 26 of 50 attended the hearings before the Election Officer. The Election Officer has also gone into the question as to whether the said YMCA is from a panchayat, municipality or corporation and whether the affiliation fee had been paid, which was again beyond the mandate of the Election Officer. Despite PYMCA having produced the receipts issued by the District Registrar under Section 4 of the Societies Registration Act, the Election Officer went into the validity of the said receipt. Such extreme steps were not contemplated by this Court at the time of directing the holding of the election. It is further averred that the disqualification has led to the democratic process being vitiated, with the President being elected unopposed. The following prayers are sought.

"a. Set aside the order dated 21.11.2018 passed by the Election Officer, disqualifying the applicant Pathanamthitta, YMCA b. Allow the Applicant to participate in the election scheduled to be held on 2.12.2018.

c. In the alternative the election scheduled for 02.12.2018 be postponed till the disposal of the present application."

(iv) I.A.16979/2018

34. This application has been moved on behalf of YMCA Kumplampoika on the ground that PYMCA was removed on 21st November, 2018 by the Election Officer and after PYMCA was disqualified, other YMCAs ought to have been permitted to nominate their candidates, which opportunity was not given by the Election Officer. Consequently, Mr. J. B. Koshy was elected unopposed to the post of President. Accordingly, the following reliefs are prayed:

CS (OS) 148/2018 Page 27 of 50

"a. Declare the election conducted for the post of President null and void.

b. Direct the Ld. Election Officer to give opportunity to file fresh nominations and to conduct the fresh elections for the post of the President of NCYI. c. Set aside the order dated 29.11.2018 passed by the Ld. Election Officer."

(v) I.A.4737/2018

35. In this application, the Plaintiffs had initially sought the appointment of an Election Officer for getting the triennial election of the NCYI conducted and also seeking verification of the list of good standing YMCAs as on 31st December, 2017. The prayers sought in this application are as under:

"In the aforementioned facts and circumstances this Hon‟ble Court may graciously be pleased to allow this application and pending this suit appoint a retired High Court Judge as court administrator/observer for defendant society:

A. To act as an Election Officer and decide on all requirements including the proper venue under the rules for the conduct of the Triennial election of the Defendant Society to be conducted on to 3rd September, 2018.

B. Direct the officers of the Defendant Society to provide all records and logistics to the observer as and when directed by him/her.

C. Include YMCA Puthoor and Kunnamkulam or any other YMCAs found suitable in the list of good standing YMCAs as on 31.12.2017 after giving all affiliated member YMCAs two weeks notice to resubmit annual Affiliation fees/fair share and other CS (OS) 148/2018 Page 28 of 50 documents.

D. To conduct the Triennial election of the Defendant Society at an appropriate venue to be chosen from among any YMCA premises after considering the convenience of all the members E. Direct verification of the validity of affiliation of Good Standing YMCAs in the list of 31.12.2017."

Submissions on behalf of the parties

36. After the elections on 2nd December, 2018, the NCYI changed its counsel. The present counsels for the NCYI have made submissions in support of the Plaintiff‟s case. Thus, the circumstances that prevailed at the time when the suit was filed have changed as the new President and the other four office bearers are now running the NCYI. On behalf of the NCYI, Mr. Thomas Joseph has made his submissions. On behalf of Mr. Lebi Philip Mathew and the 31 YMCAs, which were disqualified, Mr. Jayant Mehta, Mr. Manu Krishnan and Mr. Koshy John have made their respective submissions. Broadly, therefore, there are two groups: One group being supported by the present President - Mr. J. B. Koshy and the Plaintiff and the other group being led by Mr. Lebi Philip Mathew and the other YMCAs, which were disqualified.

37. On behalf of Mr. Lebi Philip Mathew and the YMCAs that were disqualified, it is submitted that out of the total 756 members of the previous year, 297 were removed by the NCYI itself in January, 2018, out of which 14 of them sought inclusion. 7 YMCAs were allowed to cure the defects and join the list of good standing YMCAs. Out of the 498 declared as good standing members in January, 2018, 162 were disqualified by the Election Officer. 336 member YMCAs were remaining to which 41 were added.

CS (OS) 148/2018 Page 29 of 50

These 41 were part of the 498 declared in January, 2018 to be of good standing. 60 YMCA members were disqualified due to non-filing of Section 4 reports, which is a mandatory requirement under the Societies Registration Act. Since the constitution of the society is not under challenge, the NCYI has to be governed by its constitution. The National Executive and the National Board are yet to be constituted as the elections were not held to the said bodies. The Election Officer‟s orders dated 29th November and 21st November, 2018 are impugned. The Election Officer issued notice to 283 YMCAs along with a checklist. 31 YMCAs, which were disqualified, were part of the 283 YMCAs and no specific order was passed in respect of these YMCAs. However, on 29th November, 2018, a final list for the election was straightway announced, though no decision was ever communicated to these YMCAs. On 29th November, 2018, accordingly, 343 YMCAs were disqualified and less than 3 days later, the election itself was held. Despite the checklist having been communicated with the notice and replies being sent, no decision was given by the Election Officer.

38. In respect of PYMCA, the allegations were on varying issues. It is submitted that the said YMCA was specifically targeted. The Election Officer went into various issues, which were beyond his mandate. The allegation, was that there were two versions of the minutes, however, no member of PYMCA had ever challenged the validity of these minutes and the Plaintiffs had no locus to challenge the same. The dis-enfranchising of PYMCA had grave consequences and a chance ought to have been given to PYMCA to rectify the defects. The allegation was that the wrong persons had signed the documents. These allegations, which went into documents of 2016-2017, were too intricate in nature and could not have been gone into in CS (OS) 148/2018 Page 30 of 50 the midst of the election process leading to such huge consequences i.e. disqualification of the Presidential candidate. Since the case in the plaint was primarily for conduct of free and fair elections, the abovementioned issues ought not to have been gone into by the Election Officer. There was an easy solution to these issues i.e. PYMCA should have been allowed to file its ASR. In respect of the 31 YMCAs, which were disqualified, there was not even a speaking order against them.

39. On the other hand, on behalf of the Plaintiffs, it is contended by Mr. Jayant Bhushan Sr. Adv., that the order dated 19th July, 2018 records that the allegation of the Plaintiffs may not be without basis. There were several discrepancies in the YMCAs which were disqualified. As per the said order, the Election Officer was to draw up/finalise the list of good standing member YMCAs. The order dated 21st November, 2018 of the Election Officer, is on the basis that compliance of Section 4 of the Societies Registration Act is a mandatory requirement. They contend that if the ASR is not filed by the correct President and secretary, it ought not to be accepted. As per the 2014 and 2017 circulars, the submission of the form by Advocate Johnson Vilavinal was not correct. The objections of the Plaintiffs are twofold - Firstly, some of the YMCAs did not have 25 members and addresses given of the members are fake. Several members had the same addresses. Some member YMCAs were disqualified as they did not have the list of members duly submitted to the Registrar of Societies. It is further submitted that calling of a new election would have a cascading effect, as the 5 persons to be elected as office bearers would have to be from different regions. The order dated 29th November, 2018 of the Election Officer has settled the basis of good standing members and the same ought CS (OS) 148/2018 Page 31 of 50 to be adhered to.

40. It is further submitted that the Election Officer has made enormous efforts in getting the election conducted and has followed the letter and spirit of the constitution and the rules and regulations and thus the election should be upheld.

Discussion

41. The present suit was filed in April, 2018 and since then this Court has been seized of several applications filed by the warring factions. Initially, the allegation by the Plaintiffs was that the incumbent NCYI headed by the then President Mr. Lebi Philip Mathew was indulging in various irregularities, including changing of rules and improper dealing with movable and immovable assets and various instances of manipulative conduct. Initially, leave was granted in the suit under Section 92 of the Code of Civil Procedure and Justice (Retired) Anil Dev Singh was appointed as the Election Officer to conduct the elections. The election, as announced at that stage, involved constitution of the National Executive, National Board and the elections to various positions. As set out hereinabove, after a lot of delay due to various reasons, on 2nd December, 2018, the election was held only to 5 positions i.e. President, three Vice-Presidents and a Treasurer.

42. There are allegations and counter allegations in the conduct of the elections. The main grievance of both the sides is the issue of which of the member YMCAs constituted good standing members. This one issue has plagued the entire election process. The Election Officer has had to deal with allegations and counter allegations ad nauseum. The report by the Election Officer shows that the ld. Election Officer had to hold meetings almost on a daily basis, involving scrutiny of volumes of documents etc. CS (OS) 148/2018 Page 32 of 50 Once the Election Officer had been appointed, and had started scrutiny of the list of good standing members, this Court did not interfere with the said process. From the pleadings, it appears that the usual practice in the past, after the elections are held for the top 5 posts, the elections for the National Executive, is never held but in fact nominated by the elected office bearers - mainly the President. Though the election took place on 2nd December, 2018, it appears that due to large scale controversies and disputes raised as also the pendency of various applications before this court, the National Executive and the National Board were never constituted.

43. Thereafter, the elected office bearers faced enormous difficulties in conduct of the day to day activities of the NCYI as the Secretary, Mr. Mani Kumar, in fact, refused to cooperate with the newly elected office bearers and the President. This led to the President - Mr. Koshy suspending Mr. Mani Kumar, leading to further applications being filed before this Court. The question as to whether Mr. Mani Kumar was rightly suspended would be considered as part of the order in I.A. No.1892/2019. However, for the present it suffices to state that in order for the NCYI to conduct its day to day activities and administration, this Court directed the appointment of a Local Commissioner to take over the records, which were under Mr. Mani Kumar‟s custody and also appointed an observer to the conduct the meeting of the five elected office bearers, who were directed to nominate a new National General Secretary, as also to appoint the counsels, to decide the date of meeting of the National Board and for conduct of elections to the National Executive.

44. Accordingly, the observer, in her report, states that Mr. J. B. Koshy President and other three elected office bearers agreed for Mr. Bertram CS (OS) 148/2018 Page 33 of 50 Devdas to be the officiating National General Secretary. The elected office bearers, further agreed upon the names of the lawyers, who would represent the NCYI. For the National Board meeting, 31st March, 2018 was fixed as the date and the following schedule was suggested for conduct of the elections to the National Executive.

            S. No.       Particulars                   Date
            1      Notice for the National     Friday,   February
                   Board Meeting               22, 2019
            2      Last      date       for    Saturday, March 9,
                   submission             of   2019
                   Nomination Forms for
                   the National Executive
                   Committee from Good
                   Standing YMCAs as
                   approved by the Delhi
                   High Court
            3      Scrutiny of Delegate‟s      Wednesday, March
                   Forms by the National       13, 2019
                   Officer‟s Meeting and
                   declaration of Official
                   Panel for National
                   Executive
            4      Last Date for filing        Wednesday, March
                   Counter Nominations         20, 2019
            5      Scrutiny of above and       Saturday,  March
                   Publication of listed       23, 2019
                   Candidates     by    the
                   National Officers
            6      Last      Date       for    Tuesday, March 26,
                   Withdrawal             of   2019
                   Nomination
            7      Publication of final list   Tuesday, March 26,
                   of candidates               2019
            8      National          Board     Saturday,   March
                   Meeting                     30, 2019

CS (OS) 148/2018                                                    Page 34 of 50

45. The Local Commissioner also submitted his report. It is stated by the Local Commissioner that all the records were compiled and were kept in the record room, and the record room was then locked and the key was also submitted before the Court. The files in the record room were kept in a file cabinet and were duly sealed. The complete list of files is contained in Annexure N (N1 to N13). The said lists are duly counter signed by both Mr. Mani Kumar and Mr. Devdas.

Governance of NCYI

46. NCYI is governed by -

a) Memorandum of Association consisting of the Preamble, rules and regulations;

b) There are various other policies that govern NCYI which are as under:

i) The procedure of election to the National Board from the Secretarial Constituency;

ii Terms of Good Governance,

iii) National Personnel Policy;

iv) Terms and conditions of service for staff other than YMCA secretaries;

v) National Youth Policy;

vi) Model constitution for member associations also exists, which is used as the basis to govern the member YMCAs.

c) Various forms for nomination/counter nominations are also published.

47. The NCYI has various member bodies, which are formed across the country and represented through respective village councils CS (OS) 148/2018 Page 35 of 50 /panchayats/municipalities/corporations etc. YMCAs have various conditions to fulfil in order to be eligible for membership to the NCYI. The said conditions are provided in Article II (ii). The applications by the YMCAs are approved by the respective regional committees (central, north, south, east, west) and each member YMCA is issued a membership certificate.

48. The management of the NCYI is governed by the National Board, which is the governing body. Though the management vests with the Board, the same is to be carried out by the National Executive and the officers of the society "subject to the control and direction of the National Board". The National Executive is a committee of the National Board and enjoys such powers as may be given to it by the board. The National Executive then appoints committees and delegates powers and functions to such committees. The National General Secretary is the chief executive of the society. Thus, the hierarchy of the NCYI is as under:

NCYI ↓ National Board ↓ National Executive ↓ Committees

49. The ordinary general meeting of the society, under Article V and also called as the Triennial Convention, was to be held before the completion of three years after the previous convention. In the said convention, the report of the National Board is received. The election to the President, three Vice CS (OS) 148/2018 Page 36 of 50 Presidents and Treasurer is conducted. The said persons have to be elected from different regions. The procedure for election at the convention is prescribed in Article VI.

50. The National Board, as per Article VII, consists of all the members of the National Executive; seven persons elected tri-annually by the secretaries from amongst the national roster of secretaries; 15 members co-opted in the National Executive committee; the immediate past National President and the chairman of the national standing committees. The National Board appoints the National General Secretary, who is recommended by the National Executive committee. Under Article VIII, the National Executive is constituted as under:

" 1. The National Executive of the Society shall consist of:

a) the President

b) the three Vice-Presidents

c) the Treasurer

d) the National General Secretary

e) the President of the Association of Secretaries

f) Chairmen of all Regions

g) eleven members elected by the National Board at its first meeting held after the conclusion of the Ordinary general meeting out of which a minimum of one shall be a lady and one shall be below the age of 30 years as on the 1st of January of the year of election/General meeting.

h) The Immediate Past President."

The national roster of secretaries is to be maintained by the NCYI.

51. For the purpose of appointing the National General Secretary, a search committee is to be constituted and suitable applications are called from the eligible national roster of secretaries. A committee is formed for CS (OS) 148/2018 Page 37 of 50 scrutinizing the applications and candidates are called for interviews. The committee, thereafter, recommends the candidate to the National Executive, which then recommends to the National Board. The removal of the National General Secretary is governed by the National Personnel Policy. He is appointed on contractual basis. The procedure for suspending or removing him is governed by clause XVI of the national personnel policy.

52. Thus, as on date, the National Executive and the National Board are to be constituted. There also remains the question of re-election, if any, which has been prayed for.

53. The events that have transpired so far in the present suit including the events leading upon to the elections dated 2 nd December, 2018 shows that the drawing up of the list of good standing YMCAs has been an extremely contentious issue. From the submissions made before the Court, it is clear that the member YMCAs have not been following the good governance policies for -

(a) Maintenance of a list of members along with their full contact details, addresses etc.

(b) The payment of proper affiliation fee;

(d) Obtaining of the ASRs regularly.

54. In the past, a large number of deficiencies, defects and defaults appear to have been condoned, which has led to perpetuation of these bad practices. The creation of two distinct and warring groups within the NCYI has brought to fore the lack of governance both amongst the member organizations and at the national level.

55. The records of the Election Officer show that enormous efforts have CS (OS) 148/2018 Page 38 of 50 gone into the conduct of elections even for the five office bearers‟ positions.

56. This Court is concerned about the election of the President in an unopposed manner owing to the turn of events. There was a nomination committee, which had already fixed the schedule for election prior to the time of filing of the suit. The nominations/counter nominations had been accepted by the said committee. It was during this process that the present suit came to be filed and the Election Officer was appointed. The Election Officer had to re-visit and draw up the list of good standing members. However, once the good standing members‟ list was finalized by the Election Officer, no opportunity existed for the said member YMCAs, who were held to be in good standing and who could participate in the election, to submit a proper nomination for the election. The time gap between the publication of the list of good standing YMCAs and the election on 2nd December, 2018 was not even a week. The nomination process was not re- opened as it could not have been completed during this period.

57. Even as per the original schedule fixed by the nomination committee and schedule fixed thereafter by the Election Officer, the process from inviting the nominations till the elections is at least a six months process. In the present case, the list of good standing members was published by the Election Officer on 29th November, 2018 and the election was held on 2nd December, 2018. The Election Officer rejected the request of the second candidate Mr. Asokan Solomon, who had originally expressed interest for contesting for the post of President, but had stepped down in favour of Mr. Lebi Philip Mathew. This decision was taken by the Election Officer on 30th November, 2018. With the PYMCA, of which Mr. Lebi Philip Mathew was a member being disqualified and Mr. Asokan Solomon‟s request for CS (OS) 148/2018 Page 39 of 50 nomination for the post of President being rejected on 30th November, 2018, led to Mr. Koshy being elected unopposed. Without going into the question as to whether PYMCA was rightly disqualified or not, it is sufficient to hold that adequate opportunities did not exist for a second candidate to be nominated for the unopposed posts. The post of the President is extremely crucial in the NCYI, as the President is the person vested with enormous powers, and is responsible for the day to day administration of the NCYI.

58. This Court is of the opinion that the election of Mr. J. B. Koshy, though not illegal in the circumstances, as summarised by the Election Officer, the disqualification of PYMCA and the consequential result of the President being elected unopposed, has led to injustice in respect of several member YMCAs, who were supporting the candidature of Mr. Lebi Philip Mathew and who were not given an opportunity to nominate an alternate candidate in place of Mr. Mathew.

59. Moreover, under Article VI, the list of members not in default is to be first drawn up and thereafter the nominations have to be received. In the election held on 2nd December, 2018 owing to the filing of the present suit and the appointment of the Election Officer, the exact reverse situation has taken place i.e. the nominations were those, which were submitted to the nomination committee earlier and the list of good standing members was finally scrutinised and drawn up by the Election Officer, after the nominations were submitted. The circumstances, which led to this situation left the Election Officer with no other option but to go ahead with the elections as were conducted. However, since the National Executive and National Board are to be constituted and the elections have to be held to the said Executive, the current President, who was declared elected on 2nd CS (OS) 148/2018 Page 40 of 50 December, 2018 in an unopposed manner, shall continue to function as President subject to the directions, which would be passed hereinafter. The procedure for the election of the President, being contrary to the provisions of Article VI, however, in extenuating circumstances, the same needs to be set right.

60. Insofar as the good standing YMCAs‟ list is concerned, the Election Officer has scrutinized the various records of member YMCAs and released the list of members of good standing. The said list, which runs into 343 members, was slightly amended vide order dated 29th November, 2018. PYMCA was deleted and Patanapuram was added. The said list of good standing YMCAs, as drawn up by the Election Officer is attached to the present order for ready reference with footnotes.

61. All the remaining YMCAs, which have been disqualified by the Election Officer or by the earlier nomination committee would now have an opportunity to get their names included in the „Good Standing‟ list. However, before doing so, they will have to comply with all the requirements of the constitution, memorandum and rules and regulations. The insistence for a list of members duly filed with the Registrar of Societies, is as per law and non-compliance cannot be condoned in any manner. Member YMCAs ought to fulfil these requirements, if they wish to participate in the election process. Thus, the directions by the Election Officer that those YMCAs which did not submit the list of members duly acknowledged under Section 4, cannot be faulted with. However, the said YMCAs, which did not comply with the said requirement, cannot be permanently disenfranchised as well. The disqualified YMCAs shall now be entitled to rectify all their defects and deficiencies and file their returns as CS (OS) 148/2018 Page 41 of 50 per Section 4 of the Societies Registration Act. Along with the election to the National Executive, fresh elections would also be held to the post of President.

I.A. 1892/2019 (for recall of order dated 17th January, 2019)

62. Mr. Mani Kumar has filed I.A. No.1892/2019 seeking his reinstatement. It is his case that he cannot be removed except in accordance with the National Personnel Policy. After the election conducted on 2nd December, 2018, various allegations were raised against Mr. Mani Kumar including complete non-cooperation by him. He, in fact, refused to even allow the day to day functioning of the NCYI by going on leave without permission. The President Mr. J. B. Koshy has, accordingly, placed him under suspension on 4th January, 2019. On 17th January, 2019, Mr. Mani Kumar was present in Court and the Court observed as under:

"1. There are several applications which have been filed today which reveal that there is a complete stalemate in the functioning of Defendant No.1, National Council of YMCAs of India (`Council‟). The allegation is that the Secretary, Mr. Mani Kumar, who was in control of all the records, is not handing over the records to the new President, on the ground that he has been appointed by the Executive and does not report to the President. Under such circumstances, the new President has also put his lock on the room containing all the official records. Thus, currently the functioning has come to a complete standstill."

63. It was under these circumstances that the Local Commissioner and the Court observer were appointed and five elected office bearers were permitted to appoint a new General Secretary under the National Personnel Policy. Clauses 14, 15 & 16 of the said Policy read as under:

CS (OS) 148/2018 Page 42 of 50

"XIV. Acts and Omissions Constituting Misconduct Without prejudice to the general meaning of the term 'misconduct' it shall particularly be deemed to mean and include the following:

1. Willful insubordination or disobedience of orders;

2. Theft, fraud, misappropriation, dishonesty or breach of trust in relation to the property of the Society or associations while dealing with official duties assigned by the Society/association.

3. Habitual negligence or inefficiency in performance of duties.

4. Commission or any act amounting to a criminal offence involving moral turpitude or conviction by a Court for criminal offence.

5. Giving false information regarding his name, age, qualifications, experience, matrimonial status, etc. at the time of taking up employment or thereafter.

6. Submitting false medical certificate to obtain leave.

7. Any act that is detrimental to the interest of the Movement.

XV. Penalties The following penalties may be imposed on a Secretary for misconduct or for any other good and sufficient reasons:

i) Censure

ii) Withholding of increments with or without cumulative effect.

iii) Recovery from salary of pecuniary loss caused to the society by negligence.

CS (OS) 148/2018 Page 43 of 50

iv) Reduction to a lower post or lower stage of pay.

v) Discharge from service

vi) Dismissal from service.

XVI. Procedure for Imposing Penalties Whenever any disciplinary action is proposed to be taken against a Secretary on the National Roster, the competent Authority shall issue a memo to the Secretary concerned bringing out precisely every charge which is levelled against him and the allegations of misconduct on which it is based. A reasonable opportunity for explaining the charges levelled against him must be given in all cases. On consideration of the explanation tendered, the individual can be exonerated or any of the penalties specified under XV(i) to (iii) can be imposed as may be considered appropriate without any further reference to the accused. However, for imposing any of the penalties specified under items XV(iv) to (vi) unless charges have been admitted by the individual concerned, a domestic enquiry must be held at which the accused shall be given full opportunity to defend himself/herself through oral and documentary evidence. Inquiry may be held by an officer or officers appointed for the purpose.

Disciplinary action shall be effected by the Competent Authority as directed by the Personnel or such other committee concerned.

Note:

'Competent Authority' is the Chief Executive of the Society/Local Association or who holds the responsibility of appointments. In the event the aggrieved is not satisfied with the decision of the Competent Authority, he/she may prefer an appeal to the President of the National Council of YMCAs of India."

CS (OS) 148/2018 Page 44 of 50

64. The allegations against Mr. Mani Kumar were set out in the show cause notice dated 4th January, 2019 and he was placed under suspension. The above provisions contemplate a domestic enquiry by the competent authority. Since the appointment of the National General Secretary is by the National Executive, it would be the competent authority insofar as the National General Secretary is concerned. However, since the election to the National Executive did not take place, there is a complete stalemate. The functioning of the NCYI is absolutely essential and the same cannot be done in an adversarial fashion. Clearly, Mr. Mani Kumar has expressed his non- cooperative attitude to the five currently elected office bearers, who have all, on 1st February, 2019 agreed to the appointment of Mr. Bertram Devdas as an officiating General Secretary. Under these circumstances, the reinstatement of Mr. Mani Kumar is not considered proper until the National Executive has had an opportunity to take a decision on the same. The show cause notice issued to Mr. Mani Kumar shall be duly replied to by him on merits within a period of three months from today along with any necessary documents. The National Executive, which has to be now elected, shall consider the response by Mr. Mani Kumar and conduct an enquiry, if needed, in accordance with the National Personnel Policy and take a decision on the said show cause notice.

65. Upon the National Executive being elected and a decision being taken in respect of the National General Secretary, the process, if required for appointing the National General Secretary, as per the Rules and Regulations shall commence. Until then, Mr. Bertram Devdas shall continue as the officiating General Secretary. I.A. is disposed of in the above terms.

CS (OS) 148/2018 Page 45 of 50

I.A. 4737 of 2018 and final directions in view of the above orders:

66. In the facts and circumstances of the present case and in view of the various developments that have taken place since the institution of the present suit, it is directed that the elections to the National Executive and the post of President of the Defendant no.1 National Council of YMCAs of India (NCYI) shall now be conducted by an Election Committee consisting of Justice Kurian Joseph (Retd.) (M:9999775444) and Sister Nirmalini, Member, Mumbai Archdiocesan Pastoral Council (M:9810071521). The entire election process shall be supervised, managed, administered by the Election Committee. They are free to fix the schedule for the elections, dates of their meetings and the venue thereof.

67. In view of the above mentioned findings and conclusions, the following directions are issued:

1) Appendix A attached to this judgement, shall be treated as the first list of Good Standing Members.

2) All the member YMCAs, who were eligible to participate and were in existence for at least two years prior to 31st March, 2017, who are not in the „Good Standing List‟ Appendix A, shall duly file/rectify their list of members/returns and other documents with the Registrar of Societies as per Section 4 of the Societies Registration Act.

3) They shall pay the requisite affiliation fee on the basis of notification dated 1st June, 2017, which is as under:

"06. AFFILIATION FEE AND FAIR SHARE REVISED:

Affiliation fee per year YMCAs in Panchayath : Minimum Rs.2,000/-

CS (OS) 148/2018 Page 46 of 50

YMCAs in Municipality : Minimum Rs.5,000/- YMCAs in Corporations : Minimum Rs.20,000/-

               Metro Cities              : Rs.1,00,000/-
               FAIR SHARE (Per year)     :
               Full members (30 years
               and above)                : Rs.50/- per person
               Full members (18 to
               29 years)                 : Rs.20/- per person"

4) From every state corporation, municipality and panchayat only one member YMCA shall be allowed to be a member. If there are multiple members, they are permitted to file their rival claims before the Election Committee, which shall decide the same in accordance with the applicable Rules and Regulations.

5) The returns so filed under Section 4 shall also be submitted to the Election Committee, along with proof of payment of affiliation.

6) The above steps shall be undertaken by all member YMCAs on or before 31st October, 2019.

7) The Election Committee shall publish the list of good standing members in addition to the list attached to the present judgment as an Appendix A on or before 30th November, 2019.

8) The Election Committee, while publishing the list of good standing members, shall merely scrutinize the documents filed by the respective members and if they are broadly in order, their names shall be added to the „Good Standing‟ list. If there are any other objections, which are raised and decided, the Election Committee will pass orders either (a) rejecting the objections or

(b) if the objections are accepted and any member YMCA is disqualified, the said member YMCA shall be given an CS (OS) 148/2018 Page 47 of 50 opportunity to rectify the defects.

9) If the opportunity being given to rectify the defects is availed, and the deficiency continues to exist, the Election Committee would pass orders disqualifying the said member.

10) Any disqualified member YMCA would not be allowed to participate in the electoral process.

11) Upon publication of the final list of good standing members, the Election Committee shall announce the schedule of elections for the National Executive and for the post of President.

Nominations and counter nominations shall be invited. Until then, the current President Mr. J. B. Koshy shall continue as officiating President. He shall, however, not take any decision which would have an impact on the electoral process, but would be entitled to handle day to day administration of NCYI.

12) The venue and date of the election shall be fixed by the Election Committee after a broad consultation with the representatives of both groups/ member YMCAs.

13) The nominations shall, thereafter, be scrutinized and the Election Committee would take care to ensure that the elections are conducted in a fair and transparent manner. The entire process shall be completed or before 31st March 2020.

14) Upon the National Executive being elected, the meeting of the National Board shall be convened on the next day for transacting usual business of NCYI.

15) The National Executive then shall take a decision on Mr. Mani Kumar‟s suspension/disciplinary action, if any, within a period of CS (OS) 148/2018 Page 48 of 50 three months from the date of its first meeting.

16) Mr. Johns George, Advocate who was earlier appointed as the Local Commissioner and is well conversant with the records, is appointed as the Assistant to the Election Committee. The Election Committee is permitted to appoint any other personnel for its assistance.

17) The fee of the members of the Election Committee is fixed at Rs.7 lakhs to be paid to Justice Kurian Joseph (Retd.) and Rs.5 lakhs to be paid to Sister Nirmalini as a lumpsum at this stage. The fee of the Local Commissioner shall be Rs.50,000/- per month till the Election Committee discharges him.

18) The fee, including all the expenses for conduct of elections, travel expenses of the Election Committee and its personnel including boarding, lodging etc, shall be borne by the NCYI.

19) The election, insofar as the four office bearers are concerned, is upheld. While accepting nominations for the post of President, the provisions of Articles V & VI and the regional representation shall be borne in mind.

20) The Election Committee would have the flexibility to modify the above schedules/dates, however the election process would be concluded by 31st March 2020.

I.A.s 4312/2019 (for release of key of cupboard), & I.A. 665/ 2019 (for directions)

68. The keys of the store room and the cupboard where the records of the NCYI are kept, be released to Mr. Bertram Devdas - the officiating National General Secretary. Mr. Devdas shall ensure that access to the same is given CS (OS) 148/2018 Page 49 of 50 to the newly appointed Election Committee and its assisting counsels. The five office bearers, who are currently functioning would also have access to the records of the NCYI for its day to day management. The records shall not be tampered with or manipulated in any manner whatsoever.

69. Mr. Bertram Devdas shall be functioning not only as the national officiating General Secretary but also in the capacity of a Receiver of this Court and shall ensure safe custody of all the records duly inventoried by the Local Commissioner. He shall also assist the Election Committee in order to ensure that the elections are conducted in a smooth manner. I.As are disposed of.

70. A copy of this order be given dasti to the members of the Election Committee, and to the Assistant to the Election Committee as also counsels for the parties.

PRATHIBA M. SINGH JUDGE JULY 19, 2019/dk CS (OS) 148/2018 Page 50 of 50 APPENDIX - A THE NATIONAL COUNCIL OF YMCAs OF INDIA LIST OF ELIGIBLE YMCAs FOR ELECTIONS 2018 Total No. Name of the YMCA Region 1 Bhilai Central India 2 Bhopal CIR 3 Chhindwara CIR 4 Ghughus CIR 5 Mhow CIR 6 Nagpur CIR 7 Bhubaneswar Eastern India 8 Cuttack EIR 9 Gaya EIR 10 Ranchi EIR 11 Balasore EIR 12 Berhampur EIR 13 Bokaro EIR 14 Calcutta EIR 15 Jamshedpur EIR 16 Jharsuguda EIR 17 Koraput EIR 18 Mandapara EIR 19 Ramchandrapur EIR 20 Rourkela EIR 21 Sambalpur EIR 22 Seraikella EIR 23 Tankibelary EIR 24 Aizawal North East 25 Dimapur NEIR 26 Guwahati NEIR 27 Shillong NEIR 28 Tanhril NEIR 29 Ambala North India 30 Bareilly NIR Appendix - A Page 1 of 10 31 Kota NIR 32 Meerut NIR 33 Moradabad NIR 34 New Delhi NIR 35 Varanasi NIR 36 Bangalore South Central 37 Brahmavar SCIR 38 Madikeri SCIR 39 Mangalore SCIR 40 Puttur SCIR 41 Shimoga SCIR 42 Ambattur Southern 43 Arumanai SIR 44 Coimbatore SIR 45 Coonoor SIR 46 Cuddalore SIR 47 Karikki SIR 48 Keelkattalai SIR 49 Kirathur SIR 50 Kotticode SIR 51 Kuzhithurai SIR 52 Madras SIR 53 Madurai SIR 54 Mayiladuthurai SIR 55 Moolachel SIR 56 Naduvakurichy SIR 57 Nagercoil SIR 58 Neyyoor SIR 59 Ootacamund SIR 60 Palayamkottai SIR 61 Pondichery SIR 62 Poonamallee SIR 63 Poondi SIR 64 Salem SIR 65 Sivagangai SIR 66 Srivilliputhur SIR Appendix - A Page 2 of 10 67 Thanjavur SIR 68 Thambaram SIR 69 Tindivanam SIR 70 Tirunelveli SIR 71 Tirupattur SIR 72 Tuticorin SIR 73 Udamelpet SIR 74 Unnamalakada SIR 75 Vaniyambadi SIR 76 Vattavilai SIR 77 Vazhuthalampallam SIR 78 Villupuram SIR 79 Virudhunagar SIR 80 Ahmedabad Western 81 Airoli WIR 82 Anand WIR 83 Bombay WIR 84 Gandhidham WIR 85 Kolhapur WIR 86 Miraj WIR 87 Nerul WIR 88 Pune WIR 89 Surat WIR 90 Adoni South East 91 Amalapuram SEIR 92 Bhimavaram SEIR 93 Karimnagar SEIR 94 Kovvur SEIR 95 Mahabubabad SEIR 96 Mahbubnagar SEIR 97 Nandyal SEIR 98 Nidadavole SEIR 99 Peddapuram SEIR 100 Phirangipuram SEIR 101 Tadepalligudem SEIR 102 Adimali South West Appendix - A Page 3 of 10 103 Alakode SWIR 104 Alangad SWIR 105 Alwaye SWIR 106 Ambalathumkala SWIR 107 Amballoor SWIR 108 Anchal SWIR 109 Arakunnam SWIR 110 Arattukuzhi-Vellarada SWIR 111 Ayarkunnam SWIR 112 Ayranikudy SWIR 113 Ayroor SWIR 114 Ayyappancoil SWIR 115 Bandadka SWIR 116 Bheemanady SWIR 117 Calicut SWIR 118 Chandanappally SWIR 119 Chathannur SWIR 120 Chelad SWIR 121 Chempanthotty SWIR 122 Chemperi SWIR 123 Chengalam SWIR 124 Chengamanadu SWIR 125 Chengannur SWIR 126 Chennithala SWIR 127 Cheruvakkal SWIR 128 Chittarikkal SWIR 129 Chungathara SWIR 130 Edathala SWIR 131 Edayaranmula SWIR 132 Elanthoor SWIR 133 Eloor-Kalamassery SWIR 134 Eraviperoor SWIR 135 Ernakulam SWIR 136 Idukki SWIR 137 Kadampanad SWIR 138 Kaipattur SWIR Appendix - A Page 4 of 10 139 Kaithacode SWIR 140 Kakkanad SWIR 141 Kalamassery SWIR 142 Kalathipady SWIR 143 Kalloopara Central SWIR 144 Kalpetta SWIR 145 Kanhanghad SWIR 146 Kanhiradukam SWIR 147 Kanipayyoor SWIR 148 Kanjiramattom SWIR 149 Kanjirapally SWIR 150 Kanjoor SWIR 151 Kappil SWIR 152 Karavaloor SWIR 153 Karickam SWIR 154 Karimannoor SWIR 155 Karipuzha SWIR 156 Karthikapally SWIR 157 Karunagapally SWIR 158 Karuvanchal SWIR 159 Kattakampal SWIR 160 Kattappana SWIR 161 Kaviyoor SWIR 162 Kayamkulam SWIR 163 Keezhvaipur SWIR 164 Kelakam SWIR 165 Kidangannur SWIR 166 Kodukulanji SWIR 167 Kolenchery SWIR 168 Kollad SWIR 169 Konni SWIR 170 Kodenchery SWIR 171 Koodal SWIR 172 Koodalloor SWIR 173 Kollakadavu SWIR 174 Koratty SWIR Appendix - A Page 5 of 10 175 Kothamangalam SWIR 176 Kottampally SWIR 177 Kottara SWIR 178 Kottarakara SWIR 179 Kottayam SWIR 180 Kottiyoor SWIR 181 Kozhencherry SWIR 182 Kozhipilly SWIR 183 Kozhuvalloor SWIR 184 Kozhuvanal SWIR 185 Kudassanad SWIR 186 Kulakkada SWIR 187 Kulanada SWIR 188 Kulathupuzha SWIR 189 Kumaranalloor SWIR 190 Kumbanad SWIR 191 Kumily SWIR 192 Kumplampoika SWIR 193 Kundara SWIR 194 Kunnamthanam SWIR 195 Kunnathoor SWIR 196 Kureepally SWIR 197 Kuriannoor SWIR 198 Kuruppampady SWIR 199 Kuttoor SWIR 200 Kuzhalmannam SWIR 201 Kuzhikala SWIR 202 Kuzhimattom SWIR 203 Kuzhivila SWIR 204 Malappuram SWIR 205 Malassery SWIR 206 Mallapally (West) SWIR 207 Manakkad SWIR 208 Mananthavady SWIR 209 Manarcad SWIR 210 Maneed SWIR Appendix - A Page 6 of 10 211 Manimala SWIR 212 Mannoor SWIR 213 Mamangalam Dam SWIR 214 Maramchatty SWIR 215 Maramon SWIR 216 Mariyapuram SWIR 217 Maruthoor SWIR 218 Mattakuzhy SWIR 219 Mavelikara SWIR 220 Mazhuvannoor SWIR 221 Meenangadi SWIR 222 Mekozhoor SWIR 223 Melpadom SWIR 224 Moovattupuzha SWIR 225 Mudavoor SWIR 226 Mukkoottuthara SWIR 227 Mulakuzha SWIR 228 Mulanthuruthy SWIR 229 Mundakayam SWIR 230 Mundathanam SWIR 231 Mundiapally SWIR 232 Muttom SWIR 233 Mynagappally SWIR 234 Nadavayal SWIR 235 Nallanikunnu SWIR 236 Nallila SWIR 237 Nangiarkulangara SWIR 238 Nannuvacad SWIR 239 Naranganam SWIR 240 Nedumkandam SWIR 241 Nedumprum SWIR 242 Nellikakuzhi SWIR 243 Nellikala SWIR 244 Nemmara SWIR 245 News Print Nagar SWIR 246 Nilambur SWIR Appendix - A Page 7 of 10 247 Nileshwar SWIR 248 North Ayroor SWIR 249 Okkal SWIR 250 Olessa SWIR 251 Omalloor SWIR 252 Othera SWIR 253 Ottappalam SWIR 254 Oyoor SWIR 255 Pala SWIR 256 Pallickal SWIR 257 Pallikara SWIR 258 Pallippad SWIR 259 Pampakuda SWIR 260 Panancherry SWIR 261 Pandalam SWIR 262 Parakode SWIR 263 Paraniyam SWIR 264 Parassala SWIR 265 Parimanam SWIR 266 Pariyaram Mallappally SWIR 267 Parumala SWIR 268 Pathanamthitta* (to be read SWIR as Pathanapuram YMCA) 269 Pattazhy-Vadakkekara SWIR 270 Payyavoor SWIR 271 Payyampally SWIR 272 Pazhamthottam SWIR 273 Pennukkara SWIR 274 Peravoor SWIR 275 Perumbavoor SWIR 276 Piravom SWIR 277 Ponkunnam SWIR 278 Poovathussery SWIR 279 Pothanicad SWIR 280 Prakkanam SWIR 281 Pudukad SWIR Appendix - A Page 8 of 10 282 Puduppadi SWIR 283 Pulingome SWIR 284 Pullikurumba SWIR 285 Pulpally SWIR 286 Punalur SWIR 287 Punnamoodu SWIR 288 Quilon SWIR 289 Rajakumari SWIR 290 Ramamangalam SWIR 291 Ranni-Vaikom SWIR 292 Ranny SWIR 293 Shoranur SWIR 294 Sreekariyam SWIR 295 Sultan‟s Bathery SWIR 296 Taliparamba SWIR 297 Thadiyoor SWIR 298 Thalachira SWIR 299 Thalavoor SWIR 300 Thekkemala SWIR 301 Thelliyoor SWIR 302 Thenhippalam SWIR 303 Thidanad SWIR 304 Thiruvaniyoor SWIR 305 Thiruvanvandoor SWIR 306 Thrissur SWIR 307 Thumpamon SWIR 308 Thuvayur SWIR 309 Tirur SWIR 310 Tiruvalla SWIR 311 Trivandrum SWIR 312 Udayamperoor SWIR 313 Uzhavoor SWIR 314 Vadakanchery SWIR 315 Vadavucode SWIR 316 Varadoor SWIR 317 Vakathanam SWIR Appendix - A Page 9 of 10 318 Valakom SWIR 319 Valakom Central SWIR 320 Valakuzhy SWIR 321 Vandiperiyar SWIR 322 Vazhoor SWIR 323 Vellarikundu SWIR 324 Velloor SWIR 325 Venappara SWIR 326 Venmoney SWIR 327 Vennikulam SWIR 328 Vettilappara SWIR 329 Vettiyar SWIR 330 Vettoor SWIR 331 Vithura SWIR 332 Yendayar SWIR 333 Zion Hill SWIR 334 Chickmangalur SCIR 335 Salur SEIR 336 Avadi SIR Inclusion YMCAs 337 Alleppey SWIR 338 Kadathy-Marady SWIR 339 Kunnamkulam SWIR 340 Kuttemperoor SWIR 341 Parappur SWIR 342 Puthoor SWIR 343 Jabalpur CIR Note 1: Madras YMCA has questioned the inclusion of Nagarcoil YMCA in the Good Standing List of YMCAs. The eligibility of Nagarcoil YMCA has been approved on 30th November, 2018. Note 2: As per order dated 29th November, 2018, Pathanamthitta YMCA dated Sl. No.268 is deemed to be deleted and instead it shall be read as Pathanapuram YMCA.

Note 3: Further names to this list may be added by the Election Committee in terms of the directions in order dated 19th July, 2019.

Appendix - A Page 10 of 10

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