Kerala High Court
K.P.Haridas vs The Dakshina Bharat Hindi Prachar ... on 9 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 09TH DAY OF MARCH 2021/18TH PHALGUNA, 1942
WP(C).No.22385 OF 2015(W)
PETITIONERS:
1 K.P.HARIDAS, AGED 65 YEARS,
KOCHILATT HOUSE, S.R.M.ROAD,
PACHALAM, KOCHI-12.
2 K.N.UNNIKRISHNAN, KEZHUPPILLIL,
KADAVANTHRA, KOCHI-20.
3 P.RAJENDRA PRASAD, 7B, REWGENT GARDENS,
HOSPITAL ROAD, ERNAKULAM-682 011.
4 K.K.KUNJACHEN, HOUSE NO. 16/686,
KOLLACHANAIL HOUSE, THOPPUMPADY,
COCHIN-682 005.
5 P.M.RAJESHKUMAR, EDATHOTTUVILAKOTH
PUTHEN VEEDU, RAMARASSERY KONAM,
NARUVAMOODU P.O., TRIVANDRUM.
6 P.D.SREEKUMAR, PUTHENPURAKKAL HOUSE,
EROOR WEST P.O., TRIPUNITHURA.
7 K.P.RAJASEKHARAN NAIR, ANAJALI,
P.B.NO.60. PATHANAMTHITTA.
8 JOHN K.MATHEW, THEKKEDATHY HOUSE,
KAITHA NORTH, CHETTUKULANGARA P.O.,
MAVELIKKARA.
9 P.K.MURALLEDHARAN, PUTHUKKATUVELIYIL,
SOUTH PARAVOOR, UDAYAMPEROOR, PIN-682 320.
10 DR. K.VANAJA, THANIYANIKAL HOUSE,
KANJIKUZHY P.O., IDUKKI.
11 K.S.SANTHOSH, KARATHAT HOUSE,
K.S.UDAYAN ROAD, PACHALAM P.O.,
ERNAKULAM.
WP(C) No.22385/2015
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12 P.RAJAPPAN PILLAI,
KOCHUKATTITHARA HOUSE,
MASTHYPURI P.O., VATHURUTHY,
COCHIN-682029.
13 M.N.GIRI, MADATHIKUDUY HOUSE,
KAKKANAD P.O., KOCHI-30.
14 AKBAR BADSHA, 19/258,
WEST YAKKARA, PALAKKAD.
15 K.M.NASSAR, KUMBASSERY HOUSE,
AYOORAPADAM P.O., KOTHAMANGALAM,
ERNAKULAM DISTRICT.
16 T.S.SHANMUGHADAS, HALIFAX ENCLAVE,
PUTHUKKALAVATTOM, ELAMAKKARA,
COCHIN-682 026.
17 A.D.PRAVEEN, HINDI PRACHARAK,
AVUVAYAL HOUSE, P.O. KARAMI,
WAYANAND.
18 P.P.REEZ, PUTHENVEETTIL HOUSE,
CHOTTANIKKARA P.O., ERNAKULAM.
19 K.M.ABDUL RAUF, RANATH MANZHIL,
VENNALA POST, KOCHI-28.
20 SUNINDRAN NAIR M., TC 20/637,
OOTTUKUZHI, TRIVANDRUM-695 991.
21 K.M.UMMER, KURIKOD HOUSE,
T.V.CENTRE, KOCHI-682 030.
22 VINOD KUMAR C.,
EROOR SOUTH POST,
THRIPUNITHURA.
BY ADVS.
SRI.K.M.ANEESH
SRI.ADARSH KUMAR
SRI.BIJU VARGHESE ABRAHAM
SRI.DILEEP CHANDRAN
SRI.K.SANTHOSH KUMAR (KALIYANAM)
WP(C) No.22385/2015
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RESPONDENTS:
1 THE DAKSHINA BHARAT HINDI PRACHAR SABHA
T.NAGAR P.O., CHENNAI-17, TAMIL NADU,
REPRESENTED BY ITS GENERAL SECRETARY.
2 THE DAKSHINA BHARATH HINDI PRACHAR
SABHA (KERALA), CHITTOOR ROAD, KOCHI-16,
REPRESENTED BY ITS SPECIAL OFFICER.
3 THE SPECIAL OFFICER,
THE DAKSHINA BHARATH HINDI PRACHAR
SABHA (KERALA), CHITTOOR ROAD, KOCHI-16,
REPRESENTED BY ITS SPECIAL OFFICER.
R1 BY ADV. SRI.T.KRISHNANUNNI SR.
R1 BY ADV. SRI.SAJAN MANNALI
R2 BY ADV. SHRI.JAWAHAR JOSE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 09-03-2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.22385/2015
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N. NAGARESH, J.
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W.P.(C) No.22385 of 2015
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Dated this the 9th day of March, 2021
JUDGMENT
~~~~~~~~~
The petitioners, who are office-bearers elect and
members-elect of the Karyakarini Samithi and Nidhi Palak
Samithi of the 2nd respondent-Dakshina Bharat Hindi Prachar
Sabha, Kerala, in the elections held in the year 2014, have
filed this writ petition seeking to direct respondents 1 and 3 to
allow the petitioners and other office bearers elected, to
assume charge of the respective offices to which they have
been validly elected. In the alternate, the petitioners prayed
that the 1st respondent-Dakshina Bharat Hindi Prachar Sabha,
Chennai may be directed to immediately call for fresh
elections to the Karyakarini Samithi of the 2 nd respondent-
Dakshina Bharat Hindi Prachar Sabha, Kerala based on final
WP(C) No.22385/2015
voters list published by the earlier Returning Officer on
20.06.2014.
2. The petitioners state that the 1 st respondent-
Dakshina Bharat Hindi Prachar Sabha, Chennai was
established in the year 1918. In the year 1964, the Sabha
was declared as an institution of national importance as per
Dakshina Bharat Hindi Prachar Sabha Act 1964. The 2 nd
respondent-Dakshina Bharat Hindi Prachar Sabha, Kerala
was established as the Kerala Branch of the 1 st respondent-
Sabha. The 2nd respondent-Sabha has its Governing Body
named 'Vyavasthapika Samathi', Executive Committee named
'Karyakarini Samithi' and Board of Trustees named 'Nidhi
Palak Samithi'.
3. When the petitioners who were elected as office-
bearers approached the Special Officer on 06.11.2014, he
refused to allow the petitioners to assume office. The Special
Officer acted purportedly on the basis of the judgment of this
Court in RSA No.333/2011 dated 04.11.2014. The petitioners
would contend that the said judgment has no bearing on their
WP(C) No.22385/2015
election. According to the petitioners, the judgment in RSA
No.333/2011 will not in any manner relate to or impact or
influence the elections that were conducted as per Ext.P2
notification and schedule. The petitioners therefore prayed
that they may be permitted to assume office.
4. The 1st respondent filed a counter affidavit. The 1 st
respondent stated that in the year 2007, the Constitution of
the Kerala Sabha was amended. The amendments were
challenged in OS No.1380/2007 of the Munsiff's Court,
Ernakulam. The Munsiff's Court held that the amendments
effected on 04.11.2007 are null and void. The District Court,
Ernakulam in AS No.93/2009 reversed the judgment of the
Munsiff's Court. The judgment of the District Court was
challenged in RSA No.333/2011 before this Court. This Court
upheld the judgment of the trial court. In effect, the
amendments made in the year 2007 became ineffective.
Elections were conducted on the basis of amended by-laws,
which amendments were nullified by Court. In view of the
judgment of this Court in the RSA, the assumption of office by
WP(C) No.22385/2015
the petitioners was postponed.
5. Respondents 2 and 3 filed a counter affidavit.
Respondents 2 and 3 stated that the amendments which were
made to the Constitution in 2007 have a direct bearing on the
elections. Respondents 2 and 3 are not in a position to permit
the petitioners to assume office in view of the judgment of this
Court in the RSA.
6. The 4th respondent in the writ petition also filed a
counter affidavit. The 4th respondent submitted that fresh
elections will have to be conducted based on final voters list to
be prepared.
7. I have heard the learned counsel for the petitioners,
the learned Standing Counsel for the 1 st respondent, learned
Standing Counsel for respondents 2 and 3, and the learned
counsel for the 4th respondent.
8. The petitioners were elected on the basis of an
election held in the year 2014. The elections were conducted
on the basis of amendments made to the by-laws in the year
2007. In RSA No.333/2011, this Court held that the
WP(C) No.22385/2015
amendments to the by-laws are null and void. Therefore, the
elections conducted in the year 2014 also will have to be held
null and void. The petitioners have a case that the judgment
in RSA No.333/2011 has no bearing on the elections held in
the year 2014. I find that there is no necessity to adjudicate
on the said issue because the petitioners admittedly did not
assume office and the term of the committee to which the
petitioners were elected, stands expired. Therefore,
adjudication of the said issue will only be an academic
exercise.
9. However, fact remains that there is no elected body
governing the 2nd respondent-Sabha since the year 2014.
Respondents 1 and 2 are statutory bodies, functioning under a
central statute.
10. Taking into account the facts emerging from the
pleadings and arguments of the counsel on either side, this
Court is of the opinion that the writ petition can be disposed of
directing the respondents to conduct elections to the 2 nd
respondent-Dakshina Bharat Hindi Prachar Sabha, Kerala,
WP(C) No.22385/2015
expeditiously and in a time bound manner. Respondents 1 to
3 are directed to prepare a provisional voters list within a
period of one month from the date of receipt of a copy of this
judgment. Election to the Vyavasthapika Samithi of the 2 nd
respondent-Dakshina Bharat Hindi Prachar Sabha, Kerala
should be conducted within a period of six months thereafter.
Writ petition is disposed of with the afore directions.
Sd/-
N. NAGARESH, JUDGE
aks/08.03.2021
WP(C) No.22385/2015
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF
ASSOCIATION AND BYE LAWS OF THE 2ND
RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE ELECTION CALENDAR FOR
THE VYAVASTAPIKA SAMITHI 2014.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN THE WPC
NO. 24407/2014 DATED 20-10-2014.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN W.A.NO.
1524/2014 DATED 31-10-2014.
EXHIBIT P5 TRUE COPY OF THE REPORT BY THE LEARNED
ADVOCATE COMMISSIONER IN WPC NO.
24407/2014 DATED 20-10-2014.
EXHIBIT P6 TRUE COPY OF THE MINUTES OF THE
MEETING, DATED 05-11-2014.
EXHIBIT P7 TRUE COPY OF THE LETTE ADDRESSED TO
THE SPECIAL OFFICE BY THE PETITIONERS,
DATED 06-11-2014.
EXHIBIT P8 TRUE COPY OF THE AMENDED BY LAWS OF
THE 2ND RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT OF THE
LEARNED MUNSIFF'S COURT ERNAKULAM IN
O.S.NO. 1380/2007.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT OF THE
DISTRICT COURT, ERNAKULAM A.S.NO.
93/2009.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT OF THE
HON'BLE HIGH COURT IN R.S.A.NO.
333/2011 DATED 04-11-2014.
WP(C) No.22385/2015
EXHIBIT P12 TRUE COPY OF THE APPLICATION FORM FOR
MEMBERSHIP
EXHIBIT P13 TRUE COPY OF THE CONSTITUTION OF THE 1ST
RESPONDENT
RESPONDENTS' EXHIBITS
EXHIBIT R1(a) TRUE COPY OF ELECTION CALENDER FOR 2015
ELECTION TO VYAVASTHAPAK COMMITTEE OF
THE 2ND RESPONDENT SABHA
EXHIBIT R3(a) TRUE COPY OF STATEMENT SHOWING THE
CLAUSES OF THE CONSTITUTION OF THE 2ND
RESPONDENT AS IT STOOD BEFORE AND AFTER
THE 2007 AMENDMENT.
EXHIBIT R3(b) TRUE COPY OF FORM OF LETTER SENT BY
ELECTION OFFICER TO THE ELECTED MEMBERS
EXHIBIT R3(c) TRUE COPY OF LIST OF ELECTED MEMBERS
EXHIBIT R3(d) TRUE COPY OF THE LETTER DATED 4.11.14.
EXHIBIT R3(e) TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN R.P.NO.890/2014 IN RSA
333/2014.
ncd
