Kerala High Court
K.Sathyan vs State Of Kerala on 1 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
WP(C) NO. 12998 OF 2021
PETITIONER/S:
K.SATHYAN
AGED 53 YEARS
S/O. BALAN, ADVOCATE, PRESIDENT OF SREE
GNANODAYA YOGAM, A SOCIETY REGISTERED UNDER THE
SOCIETIES REGISTRATION ACT, 1860, SREE
JAGANNATHA TEMPLE, THALASSERY, P.O.TEMPLEGATE,
KANNUR DISTRICT-670102.
BY ADVS.
R.SURENDRAN
S.MAYUKHA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DISASTER MANAGEMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE CHAIRPERSON,
STATE EXECUTIVE COMMITTEE, KERALA STATE DISASTER
MANAGEMENT AUTHORITY, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3 THE DISTRICT COLLECTOR,
KANNUR DISTRICT, (DISTRICT DISASTER MANAGEMENT
AUTHORITY), COLLECTORATE, KANNUR-670002.
BY SMT.B.VINEETHA, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.12998 of 2021 2
W.P.(C) No.12998 of 2021
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JUDGMENT
Petitioner is the President of Gnanodaya Yogam, a
society registered under the Societies Registration Act, 1860.
The last election to the offices of the Board of Directors of the
society took place on 24.6.2018 and the Board of Directors
elected assumed office on 1.7.2018. The tenure of the Board of
Directors of the society in terms of its Articles of Association is
three years. In the circumstances, on 17.05.2021, the Board of
Directors of the Society decided to conduct election on
27.06.2021 for the next three years and appointed a Returning
Officer for the said purpose. As there are 5764 members in the
society, in the light of the various restrictions imposed in the
State to contain the pandemic Covid - 19, the petitioner moved
the third respondent for permission to conduct the election
proposed on 27.06.2021. The request made by the petitioner
was, however, turned down by the third respondent, the
Chairperson of the District Disaster Management Authority
constituted under the Disaster Management Act, in terms of
Ext.P9 communication. Ext.P9 communication is under
challenge in the writ petition.
2. Heard the learned counsel for the petitioner as
also the learned Government Pleader.
3. It is seen that the stand taken by the third
respondent in Ext.P9 communication is that the permission
sought for by the petitioner cannot be granted in the light of the
various directions issued by the State Disaster Management
Authority to contain the epidemic. The petitioner does not have
a case that the statement in Ext.P9 order that the permission
sought for by the petitioner would run counter to the various
directions issued by the State Disaster Management Authority
to contain the epidemic.
4. Ext.P1 is the Articles of Association of the
Society. As pointed out by the petitioner, Ext.P1 provides that
the tenure of the Board of Directors of the Society would be
three years. As noted, the tenure of the existing Board of
Directors of the Society is already over. Ext.P1 does not contain
any provision for the management of the society, if election is
not conducted before the expiry of the tenure. In other words, if
the election is not conducted before the expiry of the tenure of
the elected Board of Directors, there will be vacuum in the
administration of the society. It is seen that in similar
circumstances, the Executive Committee of the State Disaster
Management Authority constituted under the Act has permitted
elections in the nature of one proposed by the petitioner
subject to appropriate conditions.
In the circumstances, the writ petition is disposed of
permitting the petitioner to prefer a representation within a
week from today before the second respondent, the
Chairperson of the Executive Committee of the State Disaster
Management Authority, for permission to conduct election to
the Board of Directors of the Society as done in similar cases,
and directing the second respondent to take appropriate
decision thereon within two weeks thereafter. The petitioner
shall produce a copy of the judgment before the second
respondent along with the representation. It is also directed
that the present Board of Directors are free to continue in office
till the election is conducted, but they shall not, however, take
any policy decision or incur expenses other than routine
expenses. It is made clear that this judgment will not preclude
the members of the society from instituting appropriate other
proceedings or suit for the management of the society during
the interregnum.
Sd/-
P.B.SURESH KUMAR, JUDGE
YKB
APPENDIX OF WP(C) 12998/2021
PETITIONER ANNEXURE
Exhibit P1 TRUE COPY OF THE ARTICLES OF
ASSOCIATION OF THE SOCIETY, SREE
GNANODAYA YOGAM DATED 25.5.1922.
Exhibit P2 TRUE COPY OF THE REGISTRATION
CERTIFICATE DATED 25.5.1922 IN RESPECT
OF THE SOCIETY 'SREE GNANODAYA YOGAM',
ISSUED BY REGISTRAR OF JOINT STOCK
COMPANIES, TELLICHERRY, IN THE
ERSTWHILE MALABAR DISTRICT.
Exhibit P3 TRUE COPY OF THE ELECTION RULES FRAMED
BY THE SOCIETY.
Exhibit P4 TRUE COPY OF THE ELECTION NOTIFICATION
DATED 23.5.2021 ISSUED BY SRI.
K.ROOPESH, ADVOCATE, THALASSERY AS
RETURNING OFFICER.
Exhibit P5 TRUE COPY OF THE FINAL LIST OF
CANDIDATES DATED 18.6.2021, PUBLISHED
BY THE RETURNING OFFICER.
Exhibit P6 TRUE COPY OF THE G.O.(RT)
NO.404/2021/DMD DATED 6.5.2021 ISSUED
BY THE STATE DISASTER MANAGEMENT
AUTHORITY.
Exhibit P7 TRUE COPY OF THE G.O.(RT)
NO.479/2021/DMD DATED 22.6.2021 ISSUED
BY THE STATE DISASTER MANAGEMENT
AUTHORITY.
Exhibit P8 TRUE COPY OF THE PETITION DATED
23.6.2021 SUBMITTED BY THE PETITIONER
BEFORE THE THIRD RESPONDENT.
Exhibit P9 TRUE COPY OF THE ORDER IN
REF.NO.DCKNR/5074/2021-DM1 DATED
24.6.2021 ISSUED BY THE THIRD
RESPONDENT AND COMMUNICATED TO THE
PETITIONER.
