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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 10TH DAY OF MAY 2022 / 20TH VAISAKHA, 1944
OP(C) NO. 761 OF 2022
(ARISING FROM IA.NO.22 OF 2022 AND IA NO.24 OF 2022 IN AS NO.22 of
2020 BEFORE THE DISTRICT COURT,PATHANAMTHITTA)
PETITIONERS/RESPONDENTS/DEFENDANTS 1, 2,3,5 & 6:
1 KERALA VELLALA MAHA SABHA (KVMS)
HEAD OFFICE AT DOOR NO. RP 11/303,
THOTTAMON MURI, RANNI VILLAGE, RANNI TALUK,
REPRESENTED BY ITS GENERAL SECRETARY AND PRESIDENT
(PETITIONER NOS. 2 AND 3 RESPECTIVELY)., PIN - 689673.
2 THE GENERAL SECRETARY OF KVMS
HEAD OFFICE AT DOOR R.P NO.11/303,
THOTTAMON MURI, RANNI VILLAGE,
RANNI TALUK., PIN - 689673.
3 THE PRESIDENT OF KVMS
HEAD OFFICE AT DOOR R.P NO.11/303,
THOTTAMON MURI, RANNI VILLAGE
RANNI TALUK, PIN - 689673.
4 N. MAHESAN, S/O.K.C.NARAYANA PILLAI,
AGED 68 YEARS
KOLLAMPARAMBU PUTHENVEEDU,
MATHRA P.O, PUNALUR., PIN - 691315.
5 MANAKKADU R. PADMANABHAN
AGED 56 YEARS
S/O. C. RAMANATHA PILLAI, 30,
HARSHAN NAGAR, MANAKKADU,
THIRUVANANTHAPURAM., PIN - 695009.
BY ADVS.
JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.
AMAL AMIR ALI
OP(C) NO. 761 OF 2022
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RESPONDENTS/APPELLANT & 4TH RESPONDENT/1ST PLAINTIFF & 4TH
DEFENDANT:
1 K.P HARIDAS
AGED 52 YEARS
S/O. PARAMESWARAN PILLAI,
KRISHNAMRUTHAM HOUSE,
MALAYALAPUZHA ERAM MURI,
MALAYALAPUZHA VILLAGE,
KONNI TALUK. , PIN - 689664.
2 P. NATARAJA PILLAI
ADVCOCATE, PUNALUR BAR ASSOCIATION, PUNALUR
(RETURNING OFFICER OF KVMS, RANNI, FOR THE YEAR
2017)., PIN - 691305
BY ADVS.
JEFFIN JOHN
AJITH VISWANATHAN(K/580/2016)
SHIBU JOSEPH(S-410)
M.SRIRAM(K/307/2019)
C.B.GAUTHAM(K/1885/2021)
P.VISWANATHAN (SR.)(K/000283/1986)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
10.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 761 OF 2022
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JUDGMENT
The petitioner has approached this court challenging an election notification issued by an Advocate Commissioner appointed in AS No.22/2020 on the files of the District Court, Pathanamthitta. Today, when the matter was taken up for consideration, It is submitted by the learned counsel for respondent No.1 (who is the contesting party) that the petitioner has already filed Ext.P10 application for to stay of the election notification and also Ext.P12 for changing the Advocate Commissioner appointed for conduct of election. It is submitted that the OP(C) can be disposed of directing the District Court to consider and to pass orders on Ext.P10 and Ext.P12, after affording an opportunity of being heard to all the parties concerned. It is also submitted that the election notification can be kept in abeyance till decision taken on Ext.P10 and Ext.P12.
OP(C) NO. 761 OF 2022 4
2. Having regard to the submissions made, I am of the view that this OP(C) can be disposed of directing that Ext.P10 and Ext.P12 applications filed before the District Court, Pathanamthitta in AS.No.22/2020 shall be taken up and considered, after affording an opportunity of being heard to all the parties concerned. The District Court shall endevour to consider Ext.P10 and Ext.P12 applications on 20.05.2022, to which date AS.No.22/2020 is stated to be listed. It is made clear that until orders are passed on Ext.P10 and Ext.P12 election to the first petitioner Society shall stand adjourned. Election shall be held in terms of the fresh orders to be passed on the matter.
sd/-
GOPINATH P.
JUDGE R.AV OP(C) NO. 761 OF 2022 5 APPENDIX OF OP(C) 761/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN OS NO. 70 OF 2017 ON THE FILES OF MUNSIFF'S COURT, RANNY.
Exhibit P1(a) TRUE COPY OF THE RELEVANT PAGES OF THE CONSTITUTION AND ARTICLES OF ASSOCIATION OF KVMS.
Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT IN OS NO. 70 OF 2017 ON THE FILES OF MUNSIFF'S COURT, RANNY Exhibit P3 TRUE COPY OF THE COMMON JUDGMENT DATED 22-01-2020 IN OS NO. 70 OF 2017 AND CONNECTED CASES OF THE MUNSIFF'S COURT, RANNY Exhibit P4 TRUE COPY OF THE MEMORANDUM OF APPEAL IN AS NO. 22 OF 2020 BEFORE THE DISTRICT COURT, PATHNAMTHITTA Exhibit P4(a) TRUE COPY OF THE ORDER DATED 17-11-2020 IN IA NO. 2 OF 2020 IN AS NO. 22 OF 2020 BEFORE THE DISTRICT COURT, PATHANAMTHITTA Exhibit P4(b) TRUE COPY OF THE ORDER DATED 07-06-2021 IN IA NO. 1 OF 2021 IN FAO NO. 36 OF 2021 OF THIS HON'BLE COURT Exhibit P5 TRUE COPY OF THE IA NO. 9 OF 2021 IN AS NO. 22 OF 2020 ON THE FILES OF DISTRICT COURT, PATHANAMTHITTA Exhibit P6 TRUE COPY OF THE ORDER DATED 14-07-2021 IN IA NO. 1 OF 2021 IN CRP NO. 210 OF 2021 OF THIS HON'BLE COURT Exhibit P7 TRUE COPY OF THE ORDER DATED 14-09-2021 IN IA NO. 1 OF 2021 IN CRP NO. 210 OF 2021 OF THIS HON'BLE COURT OP(C) NO. 761 OF 2022 6 Exhibit P8 TRUE COPY OF THE ORDER DATED 22-03-2022 IN CRP NO. 210 OF 2021 OF THIS HON'BLE COURT Exhibit P9 TRUE COPY OF THE ELECTION NOTIFICATION DATED 16-03-2022 ISSUED BY THE ADVOCATE COMMISSIONER IN AS NO. 22 OF 2020 OF THE DISTRICT COURT, PATHANAMTHITTA Exhibit P9(a) TRUE COPY OF RECEIPT DATED 07-04-2022 ISSUED BY THE ADVOCATE COMMISSIONER SHRI. K G SURESH Exhibit P10 TRUE COPY OF THE IA NO. 22 OF 2022 IN AS NO. 22 OF 2020 BEFORE THE DISTRICT COURT, PATHANAMTHITTA Exhibit P11 TRUE COPY OF THE OBJECTION FILED BY THE 1ST RESPONDENT TO EXHIBIT P10 Exhibit P12 TRUE COPY OF THE IA NO. 24 OF 2022 IN AS NO. 22 OF 2020 BEFORE DISTRICT COURT, PATHANAMTHITTA Exhibit P13 TRUE COPY OF THE PRINT OUT OF CASE STATUS DETAILS FROM E-COURT PORTAL OF AS NO. 22 OF 2020 BEFORE DISTRICT COURT, PATHANAMTHITTA