Citation : 2022 Latest Caselaw 800 Ker
Judgement Date : 17 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Monday, the 17th day of January 2022 / 27th Pousha, 1943
IA.NO.1/2022 IN WP(C) NO. 8382 OF 2020
PETITIONERS/PETITIONERS:
1. V.VIJAYAKUMAR, AGED 68 YEARS, S/O.VELAYUDHAN, VASAVAMANDIRAM,
AITHOTTUVA, WEST KALLADA P.O., KOLLAM DISTRICT SNDP YOGAM MEMBERSHIP
NO.326831.
2. PATRA RAGHAVAN, AGED 73 YEARS, S/O.T.K.RAGHAVAN, TWINKLE,
PATTATHANAM, COLLEGE JUNCTION, KOLLAM - 690 001
RESPONDENTS/RESPONDENTS:
1. S.N.D.P YOGAM, REPRESENTED BY ITS GENERAL SECRETARY, OFFICE OF
S.N.D.P.YOGAM, KOLLAM, PIN - 691 001.
2. GENERAL SECRETARY, S.N.D.P.YOGAM, OFFICE OF S.N.D.P.YOGAM, KOLLAM,
PIN - 691 001.
3. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF
LAW AND COMPANY AFFAIRS, CENTRAL SECRETARIAT, NEW DELHI - 110 003.
4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
5. INSPECTOR GENERAL OF REGISTRATION, VANCHIYOOR, VANCHIYOOR P.O.,
THIRUVANANTHAPURAM, PIN - 695 035.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the proposed
election of office bearers of SNDP Yogam to be held on 5.2.2022 until
further orders, in the interest of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.K.JAGADEESACHANDRAN NAIR & D.ANIL KUMAR, Advocates for the
petitioners in I.A./WP(C), STANDING COUNSEL for R1 & R2 in I.A./WP(C),
ASSISTANT SOLICITOR GENERAL OF INDIA for R3 in I.A./WP(C) and of
GOVERNMENT PLEADER for R4 & R5 in I.A./WP(C), the court passed the
following:
T.R. RAVI, J.
------------------------------------
I.A.No.1 of 2022
in
W.P.(C)No.8382 of 2020
----------------------------------------
Dated this the 17th day of January, 2022
ORDER
The petitioner seeks a stay of proposed election of Office
Bearers of the Yogam to be held on 5.2.2022. The case had been
finally heard and had been taken up for judgment and the
judgment is soon to be pronounced. As such, it would be
appropriate that the proceedings of election are not continued in
the meanwhile. The election, even as per the petition is due on
5.2.2022 and the election will have to be conducted ultimately on
the basis of the decision in this case, since it involves validity of
the Articles of Association. It is hence ordered that the status quo
as on today shall be maintained for a period of 10 days.
Hand over.
Sd/-
T.R.RAVI, JUDGE dsn
17-01-2022 /True Copy/ Assistant Registrar
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