Kerala High Court
Kesavan V vs The State Director Of Khadi And Village ... on 14 September, 2023
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 14TH DAY OF SEPTEMBER 2023 / 23TH BHADRA, 1945
WP(C) NO. 25434 OF 2022
PETITIONERS:
1 KESAVAN V, AGED 66 YEARS, S/O RAGHAVAN NAIR,
RESIDING AT 'USHUS', ERUMAPPETTY P.O.,
THRISSUR, PIN - 680584.
*ADDL.P2 ABILASH M.K., AGED 47,
S/O KRISHNANKUTTY M. N., MELITT HOUSE,
P.O. PALISSERY, PALAKKAL, THRISSUR DISTRICT-680 027.
*ADDL.P3 AJAYAKUMAR P.C, AGED 58, S/O CHANDRASEKHARAN,
PULIKKATHARA HOUSE, P.O. PURANATTUKARA,
THRISSUR-680 551.
*ADDL.P4 AJITH C.V., AGED 55, S/O VELAYUDHAN C.K.,
CHOROTTIL HOUSE, P.O. KUTTANELLUR, ELAMTHURUTHY,
THRISSUR DISTRICT-680 014.
*ADDL.P5 CHERUPUSHPAM A.P., AGED 58, W/O JOSE T.R.,
PANAMKULAM KOMBARA HOUSE, P.O. AVINISSERY,
VALLISSERY, THRISSUR DISTRICT-680 306.
*ADDL.P6 DIVAKARAN K.K., AGED 66, S/O KRISHNAN,
KARIPPERIPARAMBIL HOUSE, P.O. PALISSERY,
THRISSUR DISTRICT-680 027.
*ADDL.P7 NANDAKUMAR C.A., AGED 72, S/O APPUNNI EZHUTHACHAN,
CHEMMANATTUVALLAPIL HOUSE, CHOORAKKATTUKARA,
P.O. AMALANAGAR, THRISSUR DISTRICT-680 555.
*ADDL.P8 NIMESH M.M., AGED 36, S/O MOHANAN M.K.,
MENAKKATH HOUSE, P.O. KUTTANELLOOR,
THRISSUR DISTRICT-680 014.
*ADDL.P9 RADHAKRISHNAN C.R., AGED 52, S/O RAMAN,
CHEMMANGATTUVALAPPIL HOUSE, AMALANAGAR P.O.,
CHOORAKKATTUKARA - 680555.
*ADDL.P10 REGHUNANDANAN P., AGED 59, S/O BALAKRISHNAN,
THEVARTHARA HOUSE, ANNANAD P.O., PIN 680 309.
WP(C)Nos.25434/2022 & 26347/2023
2
*ADDL.P11 RAMAKRISHNAN V.R., AGED 38, S/O RAMAN,
VYSYAPPATT HOUSE, THAYYUR P.O., 680584.
*ADDL.P12 REMADEVI P.V., AGED 61, W/O HARIDAS T.V.,
THRIKKUR WARRIEM, THRIKKUR P.O., PIN - 680 306.
*ADDL.P13 SHAJI P.A., AGED 50, S/O AYYAPPAN P.P.,
PAMBUNGAL HOUSE, PURANATTUKARA P.O.-680 551.
*ADDL.P14 SUNILKUMAR T.S., AGED 54, S/O. T.S. SREEDHARAN,
THAZHATH HOUSE, ANCHERY P.O.-680006.
*ADDL. R16 TO R28 IN WP(C) ARE TRANSPOSED AS ADDL. P2
TO P14 IN WP(C) AS PER ORDER DATED 22.08.2023 IN IA
7/2023 IN WP(C) 25434/2022.
BY ADVS.P.M.MANOJ
P.ANTO THOMAS
HAMZATH ALI V.K.
R.PRASANTH KUMAR(K/115/1986) ADVOCATE COMMISSIONER
RESPONDENTS:
1 THE STATE DIRECTOR,
KHADI AND VILLAGE INDUSTRIES COMMISSION -
KERALA (STATE OFFICE), P.B.NO.198,
'GRAMODAYA', M. G. ROAD, THIRUVANANTHAPURAM-695001.
2 THE KERALA KHADI & VILLAGE INDUSTRIES ASSOCIATION -
AVINISSERY, THRISUR - 680 306,
REPRESENTED BY ITS SECRETARY.
3 ADV. SHYAMKUMAR A.S.,
(RETURNING OFFICER - ELECTION 2022)
LAWKAM LEGAL SOLUTIONS, ASHOK NAGAR, GATE - 2,
HOUSE NO: 62, AYYANTHOLE, THRISSUR - 680003.
4 STATION HOUSE OFFICER,
NEDUPUZHA POLICE STATION, THRISSUR CITY,
KOORKENCHERY, THRISSUR, KERALA, PIN - 680007.
5 C.B. GEETHA, D/O C.N. BALAKRISHNAN (LATE),
'GEETHA', 10TH STREET, UDAYA NAGAR, AYYANTHOLE,
THRISSUR, PIN - 680003.
* ADDITIONAL RESPONDENTS 6 TO 28 ARE IMPLEADED .
WP(C)Nos.25434/2022 & 26347/2023
3
**ADDITIONAL R16 TO R28 ARE TRANSPOSED AS P2 TO P14.
BY ADVS.SHRI.A.SUDHI VASUDEVAN, SC,
FAHEEM AHSAN S
LINDONS C.DAVIS
G.SREEKUMAR (CHELUR)
DINESH R.SHENOY
E.U.DHANYA(K/672/2006)
SWATHY A.P.(K/001801/2021)
T.RAJASEKHARAN NAIR, SC,
EBIN MATHEW
T.S.SAUMYA
SAMBHU NARAYANAN S.
JOMOL PIUS
SILESH S. PRABHU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.09.2023, ALONG WITH WP(C).26347/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C)Nos.25434/2022 & 26347/2023
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 14TH DAY OF SEPTEMBER 2023 / 23TH BHADRA, 1945
WP(C) NO. 26347 OF 2023
PETITIONERS:
1 JAYAN C.K, AGED 55, S/O KOCHAKKAN,
RESIDING AT CHOROTTIL HOUSE, ELAMTHURUTHY,
KUTTANELLUR.P.O, THRISSUR, PIN - 680014.
2 SHAJI P.A, AGED 50, S/O AYYAPPAN,
RESIDING AT PAMBUNGAL HOUSE, PURANATTUKARA.
P.O, THRISSUR-PIN - 680551.
3 REGHU M.K, AGED 45, S/O KOTHA,
RESIDING AT MELEPURAKKAL HOUSE, ERUMAPPETTY.
P.O, THRUSSUR, PIN - 680584.
BY ADVS.P.M.MANOJ
P.ANTO THOMAS
HAMZATH ALI V.K.
RESPONDENTS:
1 THE CHIEF EXECUTIVE OFFICER,
KHADI AND VILLAGE INDUSTRIES COMMISSION,
3, IRLA RD, NAVPADA, PREM NAGAR, VILE PARLE WEST,
MUMBAI, MAHARASHTRA, PIN - 400056.
2 THE DIRECTOR (AUDIT), KHADI AND VILLAGE INDUSTRIES
COMMISSION, 3, IRLA RD, NAVPADA, PREM NAGAR, VILE
PARLE WEST, MUMBAI, MAHARASHTRA., PIN - 400056.
3 THE STATE DIRECTOR, KHADI AND VILLAGE INDUSTRIES
COMMISSION -KERALA (STATE OFFICE), P.B.NO.198,
'GRAMODAYA', M. G. ROAD, THIRUVANANTHAPURAM - 695001
4 THE KERALA KHADI & VILLAGE INDUSTRIES ASSOCIATION -
AVINISSERY, THRISSUR - 680 306,
REPRESENTED BY ITS ADMINISTRATOR APPOINTED BY THE
HON'BLE HIGH COURT OF KERALA AS PER INTERIM ORDER
WP(C)Nos.25434/2022 & 26347/2023
5
DATED 28.08.2022 IN WP (C) NO. 25434 OF 2022.
5 THE DISTRICT REGISTRAR THRISSUR,
CHEMBUKKAV, THRISSUR, KERALA, PIN - 680020.
6 THE ADMINISTRATOR,
(APPOINTED BY THE HON'BLE HIGH COURT OF KERALA AS PER
INTERIM ORDER DATED 28.08.2022 IN WP (C) NO. 25434 OF
2022). THE KERALA KHADI & VILLAGE INDUSTRIES
ASSOCIATION - AVINISSERY, THRISSUR - 680306.
BY ADV T. RAJASEKHARAN NAIR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.09.2023, ALONG WITH WP(C).25434/2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C)Nos.25434/2022 & 26347/2023
6
JUDGMENT
These two writ petitions have been filed by persons who claim to be the members of 'Kerala Khadi and Village Industries Association' ('Association' for short), which is stated to be one registered under the provisions of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. The primary relief sought for by them is that elections to its Managing Committee be directed to be conducted without any avoidable delay.
2. It transpires from various orders in these cases that Sri.R.Prasanth Kumar, learned counsel of this Court, has been appointed as the Advocate Commissioner; and that he has now completed the arduous process of settling the Electoral Roll of the Society. He submitted that, therefore, if this Court is so inclined, he will be in a position to conduct elections to the Society without any avoidable delay.
3. Sri.T.Rajasekharan Nair - learned Standing Counsel for the Khadi and Village Industries Commission, submitted that his client is the financing Agency for the aforementioned 'Association'; and therefore, that they are also interested in the WP(C)Nos.25434/2022 & 26347/2023 7 integrity of the election processes. He explained that there are certain persons who have been now included in the Electoral Roll, and have been found to have involved in misappropriation on an earlier occasion; and therefore, prayed that they may not be allowed to offer themselves as candidates in the ensuing elections.
4. The learned counsel for the petitioners, however, refuted the afore request of Sri.T.Rajasekharan Nair saying that there is nothing affirmatively to show that any person now included in the Electoral Roll prepared by the learned Advocate Commissioner had been found guilty of misappropriation and that there is no provision applicable, to deny them the opportunity of standing in the elections.
5. The afore being recorded, as an abstract principle, there is no doubt that a person who has been found guilty of misappropriation or to be unworthy of holding office, should normally, be not allowed to take part in the elections, so as to protect its purity and integrity. However, in the case at hand, apart from the submissions of Sri.T.Rajasekharan Nair, which is obviously based on certain reports settled by his client, there is WP(C)Nos.25434/2022 & 26347/2023 8 no other order or proceedings issued by any Authority disqualifying any person from standing in the elections to the Managing Committee of the Association. There is also nothing shown, by way of a statutory prohibition or inhibition, to disentitle such person from offering themselves as candidate. In the absence of any such, this Court cannot accede to the request of Sri.T.Rajasekharan Nair, though it may be always available to his client to take an apposite decision after the elections are over, since they are, admittedly, the funding agency.
In the afore circumstances, I allow these writ petitions and direct Sri.R.Prasanth Kumar, learned Advocate Commissioner, to complete the elections to the Association in terms of law, abiding by the registered Bye-Laws applicable to it, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.
Needless to say, for the afore purpose, the Voters List/Electoral Roll now prepared by Sri.R.Prasanth Kumar is hereby approved.
I also leave liberty to Sri.R.Prasanth Kumar to seek the WP(C)Nos.25434/2022 & 26347/2023 9 assistance of any Authority, including the Police - if it becomes so warranted; and it will also be left open to him to approach this Court for any clarification for the afore purpose.
I direct the petitioners to pay Sri.R.Prasanth Kumar an amount of Rs.1,00,000/- towards expenses and remuneration, within a period of one week from the date of receipt of a copy of this judgment; and I place on record the commendation for his efforts to settle the Electoral Roll, which has now enabled this Court to dispose of these matters so expeditiously.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv/MC WP(C)Nos.25434/2022 & 26347/2023 10 APPENDIX OF WP(C) 25434/2022 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OFF THE BYLAW ALONG WITH MEMORANDUM OF ASSOCIATION EXHIBIT P2 A TRUE COPY OF THE NOTICE HAVING NO.
KK&VIA/ELECTION/2022-23/382 DATED 08.07.2022 ALONG WITH THE NOTICE OF THE RETURNING OFFICER EXHIBIT P3 A TRUE COPY OF THE DECLARATION OF THE 3RD RESPONDENT RETURNING OFFICER DATED NIL EXHIBIT P4 A TRUE COPY OF THE COMPLAINT DATED 31.07.2022 PREFERRED BEFORE THE 4TH RESPONDENT BY THE PETITIONER EXHIBIT P5 A TRUE COPY OF THE LETTER REPRESENTING THE UNTOWARD INCIDENTS OCCURRED ON 31.07.2022 BEFORE THE 1ST RESPONDENT BY THE PETITIONER EXHIBIT P6 A TRUE COPY OF THE FIR REGISTERED BY THE 4TH RESPONDENT HAVING FIR NO. 0617 OF 2022 DATED 02.08.2022 OF NEDUPUZHA POLICE STATION, THRISSUR CITY EXHIBIT P7 A TRUE COPY OF THE PANEL NOTICE TO THE STAFF ASSOCIATION ELECTIONS CONDUCTED ON 17.07.2022 TO THE 2ND RESPONDENT ASSOCIATION EXHIBIT P8 A TRUE COPY OF THE PROCEEDINGS NO.
G3/105(II)/DIS. ACT/TWINKLE K. M/2022/259 DATED 01.06.2022 EXHIBITS ALONG WITH IA NO.5/2022 EXHIBIT P7 A TRUE COPY OF THE COMPLAINT PREFERRED BEFORE THE DISTRICT REGISTRAR DATED 1.8.2022, RECEIVED ON 03.08.202 EXHIBIT P8 A TRUE COPY OF THE COMMUNICATION HAVING NO.DRGTSR/2423/2022-M2-A DATED 05.08.2022. WP(C)Nos.25434/2022 & 26347/2023 11 RESPONDENT EXHIBITS EXHIBIT R1(A) A TRUE PHOTOCOPY OF THE LETTER DATED 2.8.2022 SUBMITTED BY THE PETITIONER. EXHIBIT R1(B) A TRUE PHOTOCOPY OF THE LETTER DATED 1.8.2022 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE DISTRICT REGISTRAR.
EXHIBIT R1(C) A TRUE PHOTOCOPY OF THE LETTER SUBMITTED BY THE 3RD RESPONDNT BEFORE THE SECRETARY OF THE KERALA KHADI AND VILLAGE INDUSTRIES ASSCIATION.
EXHIBIT R6(A) A TRUE COPY OF THE DEPOSIT RECEIPTS ISSUED BY THE WADAKKANCHERY BLOCK MULTI PURPOSE CO OPERATIVE SOCIETY LTD NO R 1125 OF THE DIFFERENT DATES EXHIBIT R6(B) A TRUE COPY OF THE COMPLAINT LODGED DATED 15/10/2022 EXHIBIT R6(C) A TRUE COPY OF THE COMPLAINT LODGED DATED NIL BEFORE THE ADMINISTRATOR EXHIBIT R6(D) A TRUE COPY OF THE INTERIM REPORT DATED 7/9/2022 WITH SUPPORTING DOCUMENTS OF THE DIFFERENT DATES EXHIBIT R16(A) TRUE PHOTOCOPY OF SEARCH LIST DATED 12/8/2022 FILED BY THE SUB INSPECTOR, NEDUPUZHA POLICE STATION, THRISSUR BEFORE THE MAGISTRATE COURT IN EXT.P6 FIR EXHIBIT R16(B) TRUE PHOTOCOPY OF REPORT DATED 1/8/2023 FORWARDED BY THE 30TH RESPONDENT IN THE WRIT PETITION.
RESPONDENT ANNEXURES ANNEXURE C1(A) TRUE XEROX COPY OF THE 20-22 COMMISSION WARRANT DATED 17TH NOVEMBER, 2022 ANNEXURE C1(B) TRUE XEROX COPY OF THE SAID NOTICE DATED 01.12.2022.ISSUED BY ME TO THE RESPONDENTS THROUGH. THEIR RESPECTIVE COUNSEL WP(C)Nos.25434/2022 & 26347/2023 12 ANNEXURE C1(C) TRUE XEROX COPY OF THE SAID PAGE NUMBERS 1 TO 3 OF THE INDEX OF THE SAID REGISTER ANNEXURE C1(D) TRUE XEROX COPY OF THE SAID RULES AND REGULATIONS OF THE SOCIETY ANNEXURE C1(E) TRUE XEROX COPY OF THE TRUE EXTRACT OF THE SAID PAGES 171-174 OF THE MINUTES BOOK OF THE SOCIETY ANNEXURE C1(F) TRUE XEROX COPY OF THE APPLICATION SUBMITTED BY REMYA T.V. DATED 3-12-2022, TOGETHER WITH THE RECEIPT FOR PAYMENT OF UP TO DATE SUBSCRIPTION BY HER ANNEXURE C1(G) TRUE XEROX COPY OF THE APPLICATION SUBMITTED BY SAREESH V.K, DATED 3-12-2022, TOGETHER WITH THE RECEIPT FOR PAYMENT OF UPTODATE SUBSCRIPTION BY HIM ANNEXURE C1(H) TRUE XEROX COPY OF THE APPLICATION SUBMITTED BY SHRI SREEJITH N.B DATED 3-12- 2022, TOGETHER WITH THE UPTODATE RECEIPT FOR PAYMENT OF SUBSCRIPTION BY HIM ANNEXURE C1(I) TRUE XEROX COPY OF THE APPLICATION SUBMITTED BY SHRI. VISHNU C.S DATED 3-12- 2022, TOGETHER WITH THE UPTODATE RECEIPT FOR PAYMENT OF SUBSCRIPTION BY HIM ANNEXURE C1(J) TRUE XEROX COPY OF THE TRUE EXTRACT OF THE MINUTES BOOK FORM THE PAGES 196-199, RESOLUTION NO.6 PROVES THAT SMT. REMYA T.V, SHII SAREESH V.K, SHRI SREEJITH N.B AND SHRI. VISHNU C.S HAVE BEEN DECIDED TO GIVEN MEMBERSHIP BY THE SOCIETY ON 10/06/2022 EXHIBITS ALONG WITH IA NO.5/2023 EXHIBIT R6A A TRUE COPY OF THE CLARIFICATIONS ISSUED BY THE ADMINISTRATOR TO THE DIRECTOR (AUDIT), KHADI AND VILLAGE INDUSTRIES COMMISSION WP(C)Nos.25434/2022 & 26347/2023 13 APPENDIX OF WP(C) 26347/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OFF THE BYLAW ALONG WITH MEMORANDUM OF ASSOCIATION EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER IN WP(C) 25434 OF 2022 DATED 22.08.2022 EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 17.11.2022 IN WP(C) 25434 OF 2022 EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED 04.07.2023 OF THIS HON'BLE HIGH COURT IN WP(C) NO. 25434 OF 2022 EXHIBIT P5 TRUE COPY OF THE MEMO DATED 02.08.2023 FILED BY THE 2ND RESPONDENT IN WP(C) NO. 23534 OF 2022