Kerala High Court
Renjish M.B vs Indian Red Cross Society on 16 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 16TH DAY OF MARCH 2022/25TH PHALGUNA, 1943
WP(C) NO. 3063 OF 2022
PETITIONER:
RENJISH M.B., MALIYAM HOUSE,
SRRA -12, GANAPATHY TEMPLE STREET,
VADUTHALA P.O., COCHIN 682 023.
BY ADVS.
P.VANDANA
V.K.SHYAM
RESPONDENTS:
1 INDIAN RED CROSS SOCIETY,
NATIONAL HEADQUARTERS, IRCS,
RED CROSS ROAD, NEW DELHI 110 001
REP. BY SECRETARY GENERAL.
2 INDIAN RED CROSS SOCIETY,
KERALA STATE BRANCH,
IMA BUILDING, RED CROSS ROAD,
GENERAL HOSPITAL JUNCTION,
THIRUVANANTHAPURAM, 695 035,
REPRESENTED BY ITS GENERAL SECRETARY.
3 ERNAKULAM DISTRICT BRANCH,
INDIAN RED CROSS SOCIETY,
GENERAL HOSPITAL CAMPUS, ERANAKULAM,
REPRESENTED BY GENERAL SECRETARY
IN CHARGE. 682 011.
4 ERNAKULAM DISTRICT MANAGING COMMITTEE,
GENERAL HOSPITAL CAMPUS, ERNAKULAM
REPRESENTED BY GENERAL SECRETARY
IN CHARGE 682 011.
ADDL.5 M.K.DEVADAS, S/O.M.A.KRISHNAN,
AGED 64 YEARS, RESIDING AT
MATTAMMAL SREEHARI, NETTOOR P.O.
ERNAKULAM 682 040
(ADDITIONAL R5 IS IMPLEADED AS PER ORDER DATED
16.03.2022 IN I.A.NO.2/2022.)
W.P.(C) Nos.3063, 7205 & 8514 of 2022
:2:
BY ADVS.
R1-R2 G.SREEKUMAR (CHELUR)
R3-R4 BABU JOSEPH KURUVATHAZHA
R3-R4 MOHAMMED SHAFI.K(K/573/2016)
R3-R4 GEORGE POONTHOTTAM (SR.)
P.N.MOHANAN
K.S.ARCHANA(K/000243/2018)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.03.2022, ALONG WITH WP(C).7205/2022,
8514/2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos.3063, 7205 & 8514 of 2022
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 16TH DAY OF MARCH 2022/25TH PHALGUNA, 1943
WP(C) NO. 7205 OF 2022
PETITIONER:
INDIAN RED CROSS SOCIETY,
KERALA STATE BRANCH, REPRESENTED BY
ITS GENERAL SECRETARY IN CHARGE
SANTHOSH KUMAR R., AGED 52, S/O.RAVINDRAN S.,
RESIDING IN THE ADDRESS ANIMANDHIRAM,
VENKAVILA, IRINCHAYAM P.O., NEDUMANGADU,
THIRUVANANTHAPURAM DISTRICT-695 561.
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
OFFICE OF THE DISTRICT COLLECTOR,
COLLECTORATE, EX OFFICIO PRESIDENT,
DISTRICT MANAGING COMMITTEE,
ERNAKULAM DISTRICT BRANCH,
INDIAN RED CROSS SOCIETY,
HAVING OFFICE AT COLLECTORATE,
KAKKANAD, ERNAKULAM DISTRICT-682 030.
2 JOBY THOMAS, AGED 42, S/O. THOMAS,
MOOLAPARAMBIL HOUSE, PERUR P.O.,
KOTTAYAM DISTRICT-686 637, ADMINISTRATOR,
ERNAKULAM DISTRICT BRANCH,
INDIAN RED CROSS SOCIETY, COLLECTORATE,
KAKKANAD, ERNAKULAM DISTRICT-682 030.
W.P.(C) Nos.3063, 7205 & 8514 of 2022
:4:
3 ADMINISTRATOR,
ERNAKULAM DISTRICT BRANCH,
INDIAN RED CROSS SOCIETY, COLLECTORATE,
KAKKANAD, ERNAKULAM DISTRICT-682 030.
4 ADVOCATE R.MURALEEKRISHNA,
NOTARY, HIGH COURT OF KERALA AT
ERNAKULAM DISTRICT, RESIDING IN THE ADDRESS
PADMALAYAM, KUTHIYATHODE P.O.,
ALAPUZHA DISTRICT, PINCODE-688 533.
5 JOY PAUL, AGE AND OTHER PERSONAL DETAILS
NOT KNOWN, FORMER CHAIRMAN,
INDIAN RED CROSS SOCIETY,
DISTRICT BRANCH ERNAKULAM,
GENERAL HOSPITAL CAMPUS,
ERNAKULAM, PINCODE-682 011.
ADDL.6 T.R.VASUDEVAN, S/O.RAMACHANDRAN PILLAI,
AGED 54 YEARS, RESIDING AT SIVALAYAM,
KUTTAPPAI ROAD, ERNAKULAM 682 035.
(ADDITIONAL R6 IS IMPLEADED AS PER ORDER DATED
16.03.2022 IN I.A. NO.1/2022)
BY ADVS.
GEORGE POONTHOTTAM (SR.)
BABU JOSEPH KURUVATHAZHA
JOBI JOSE KONDODY
R4 K.N.RAJANI
ADDL R6 V.G.ARUN (K/795/2004)
ADDL R6 V.JAYA RAGI
ADDL R6 R.HARIKRISHNAN (KAMBISSERIL)
ADDL R6 NEERAJ NARAYAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.03.2022, ALONG WITH WP(C).3063/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos.3063, 7205 & 8514 of 2022
:5:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 16TH DAY OF MARCH 2022/25TH PHALGUNA, 1943
WP(C) NO. 8514 OF 2022
PETITIONERS:
1 BALAKRISHNAN KARTHA, AGED 83,
S/O. NARAYANAN UNNI, PLOT NO. 25,
KUMARANASHAN NAGAR,
KADAVANTHRA 682 020.
2 PONNAMMA PARAMESHWARAN, AGED 67,
D/O. NARAYANAN RADHAVAN, SREE SILAM,
VADUTHALA P.O-682 023.
3 K.V. BIJOY, AGED 48,
S/O. K.K. VISWAMBARAN,
KOMAROTH HOUSE, POWER HOUSE ROAD,
KOCHI 682 018.
4 HARIDAS T.K., AGED 57 YEARS,
S/O. LATE P.K.V. PILLAI, 29/1657A,
JAWAHAR ROAD, VYTTILA, KOCHI 682 019.
5 A.K. SIRAJUDHEEN, SALAMATH ARCADE,
20/994M, GOVT. HOSPITAL, CROSS ROAD,
PALLURUTHI, KOCHI 682 006.
6 T.M. NOOHO, AGED 63,
S/O. T.O. MOIDEEN, NAHAZ MANZIL,
19/1368, PALLURUTHI, KOCHI 682 006.
BY ADVS.
P.RAGHUNATHAN
P.VANDANA
V.K.SHYAM
W.P.(C) Nos.3063, 7205 & 8514 of 2022
:6:
RESPONDENTS:
1 THE INDIAN RED CROSS SOCIETY,
KERALA STATE BRANCH, IMA BUILDING,
RED CROSS ROAD, GENERAL HOSPITAL JUNCTION,
THIRUVANANTHAPURAM, PIN 695 035,
REPRESENTED BY ITS GENERAL SECRETARY.
2 THE ADMINISTRATOR,
ERNAKULAM DISTRICT BRANCH,
INDIAN RED CROSS SOCIETY,
COLLECTORATE, KAKKANAD,
ERNAKULAM DISTRICT-682 030.
3 ADV. MURALEE KRISHNA,
AGE UNKNOWN, FATHER'S NAME UNKNOWN,
NOTARY, HIGH COURT OF KERALA, PADMALAYAM,
KUTHIYAKODU P.O, ALAPUZHA DISTRICT-688 533.
4 JOY PAUL, AGED 65,
(FORMER CHAIRMAN, INDIAN RED CROSS SOCIETY,
DISTRICT BRANCH, ERNAKULAM), FATHER'S NAME
UNKNOWN, PEECHATTU HOUSE, NELLIMATTOM,
KOTHAMANGALOM, ERNAKULAM-686 693
ADDL.5 T.R.VASUDEVAN, S/O.RAMACHANDRAN PILLAI,
AGED 54 YEARS, RESIDING AT SIVALAYAM,
KUTTAPPAI ROAD, ERNAKULAM 682 035.
(ADDITIONAL R5 IS IMPLEADED AS PER ORDER DATED
16.03.2022 IN I.A.NO.1/2022)
BY ADVS.
SRI.G.SREEKUMAR CHELUR -R1
SRI.JOBI KONDODY R2
SMT.K.N.RAJANI-R3
GEORGE POONTHOTTAM (SR.)-R4
BABU JOSEPH KURUVATHAZHA-R4
K.S.ARCHANA R4
MOHAMMED SHAFI.K- R4
ADDL.R5 V.G.ARUN (K/795/2004)
ADDL.R5 R.HARIKRISHNAN (KAMBISSERIL)
ADDL.R5 NEERAJ NARAYAN
ADDL.R5 V.JAYA RAGI
W.P.(C) Nos.3063, 7205 & 8514 of 2022
:7:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.03.2022, ALONG WITH WP(C).3063/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos.3063, 7205 & 8514 of 2022
:8:
N. NAGARESH, J.
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W.P.(C) Nos.3063, 7205 & 8514 of 2022
`````````````````````````````````````````````````````````````
Dated this the 16th day of March, 2022
JUDGMENT
~~~~~~~~~
All these three writ petitions relate to election to the
Ernakulam District Managing Committee of the Indian Red
Cross Society. Hence they are heard together and being
disposed of by a common judgment.
2. WP(C) No. 3063/2022 has been filed by a Life
Member of the Ernakulam District Branch of Indian Red
Cross Society, aggrieved by the attempts made by the
existing District Managing Committee to conduct election to
the Managing Committee flouting the specific rules and
mandates issued by the 1st respondent-Indian Red Cross
Society, New Delhi. The petitioner seeks to direct the 2 nd
respondent-Indian Red Cross Society, Kerala State Branch
W.P.(C) Nos.3063, 7205 & 8514 of 2022
to conduct elections to the Ernakulam District Managing
Committee in tune with Ext.P4 Guidelines and Exts. P2 and
P3 bylaws.
3. WP(C) No.7205/2022 has been filed by the Indian
Red Cross Society, State Branch represented by its General
Secretary seeking to quash Exts.P4 and P5 and to command
the 5th respondent not to function as office bearer of the
Ernakulam District Branch, till elections are over. WP(C)
No.8514/2022 has been filed by six members of the
Managing Committee of Ernakulam District Branch of the
Red Cross Society seeking to quash Ext.P9 Election
Notification and to direct the 1 st respondent to appoint a
Returning Officer with directions to conduct elections in
compliance of the terms of Ext.P1 Rules including revision of
final list of voters.
4. Chronological facts emerging from the pleadings
in these writ petitions, which are relevant and necessary to
decide the issues involved, are as follows:
W.P.(C) Nos.3063, 7205 & 8514 of 2022
5. The tenure of the District Managing Committee of
the Indian Red Cross Society, Ernakulam District Branch was
to expire on 09.02.2022. The District Managing Committee
proposed to hold a meeting on 06.01.2022. The Secretary in
charge of the Indian Red Cross Society, Kerala State Branch
requested the Chairman of the Ernakulam District Branch to
temporarily adjourn the meeting since he was of the prima
facie opinion that the meeting is being convened without
proper notice. On 10.01.2022, the Chairman of the State
Managing Committee pointed out to the Chairman of the
District Managing Committee that the functioning of the
District Committee is in a standstill, and therefore required
the Chairman of the District Managing Committee to convene
a Managing Committee meeting with due notice to the
members, after intimating the State Branch in advance.
6. On 28.01.2022, the Chairman of the District
Managing Committee issued notice to the members
proposing to hold a meeting of the District Managing
Committee on 07.02.2022. The State General Secretary
W.P.(C) Nos.3063, 7205 & 8514 of 2022
required the Chairman of the District Managing Committee to
adjourn the meeting scheduled to be held on 07.02.2022.
The District Managing Committee however proceeded with
the meeting on 07.02.2022 and decided to hold elections to
the District Managing Committee for the tenure 2022-2025.
The District Managing Committee appointed Advocate R.
Muraleekrishnan as Returning Officer.
7. In the aforesaid circumstances, finding that the
District Managing Committee is not functioning properly, the
Executive Committee of the State Branch held an emergency
meeting and directed the State General Secretary to take
over the District Branch administration from 10.02.2022. The
District President of the Ernakulam District Branch was
informed of the decision and also the decision to conduct
elections to the District Managing Committee.
8. Nevertheless the District Managing Committee
whose tenure had expired, published election notification
dated 09.02.2022 in three prominent newspapers on
11.02.2022. The election is scheduled to be held on
W.P.(C) Nos.3063, 7205 & 8514 of 2022
17.02.2022. On 14.02.2022, the State General Secretary of
the Indian Red Cross Society, State Branch told Advocate
R.Muraleekrishnan that he has not been appointed as
Returning Officer by the State Branch.
9. The learned counsel for the petitioner in WP(C)
No.3063/2022 argued that the term of the present District
Managing Committee expired on 09.02.2022. Going by the
rules for conducting election to the District Managing
Committee, the Committee should pass a resolution for
conducting election 30 days prior to the date of expiry of the
tenure of the existing committee and forward the resolution to
the State Branch. The Returning Officer is to be appointed
by the State Branch. The persons who are in affairs of the
Ernakulam District Branch are proceeding to conduct
elections themselves illegally. The existing District Managing
Committee is unauthorisedly continuing in position and are
misusing the accounts of the District Branch. The Chairman
and Treasurer of the District Managing Committee resigned
from the posts on 27.11.2021. The present office bearers
W.P.(C) Nos.3063, 7205 & 8514 of 2022
are unauthorisedly using the accounts of the District Branch
and are misusing and misappropriating the funds, contended
the learned counsel for the petitioner. Therefore, this Court
should direct the conducting of elections to the Ernakulam
District Managing Committee in accordance with Ext.P4
election procedure prescribed by the Indian Red Cross
Society, New Delhi.
10. The petitioner in WP(C) No.7205/2022 is the
Indian Red Cross Society, State Branch. The learned
counsel for the petitioner in WP(C) No.7205/2022 argued
that the election proposed to be conducted on 17.03.2022, is
illegal. Ext.P3 election procedure contemplates that the
Managing Committee should pass a resolution for
appointment of a Returning Officer and forward to the next
Superior Branch 30 days prior to expiry of the term. The
Chairman of the Managing Committee who receives the
resolution shall appoint a person who is not a voter of the
Branch, as Returning Officer. Elections can be conducted
only by a Returning Officer who is appointed by the
W.P.(C) Nos.3063, 7205 & 8514 of 2022
Chairman of the Managing Committee which receives the
resolution.
11. The learned counsel for the petitioner submitted
that in the case of the Ernakulam District Branch, the
resolution is to be sent to the State Branch and it is the
Chairman of the Managing Committee of the State Branch
who should appoint a Returning Officer. The action of the
persons in the helm of affairs in the District Branch now, of
appointing Returning Officer themselves and proceeding with
the election, is highly illegal and arbitrary. The Ernakulam
District Branch is embroiled in a lot of issues. Duly elected
office bearers have resigned. There are allegations of
issuance of bogus membership in Ernakulam District Branch.
The conduct of elections by the persons whose term expired,
would cause serious damage to the democratic process of
election.
12. The learned counsel for the petitioners in WP(C)
No.8514/2022 pointed out that the meeting is being held so
as to defeat the interest of several of the members. The
W.P.(C) Nos.3063, 7205 & 8514 of 2022
District Managing Committee is required to pass a resolution
requesting the State Branch to appoint a Returning Officer
and the State Branch is required to appoint a Returning
Officer. The District Managing Committee has no power to
appoint its own Returning Officer. In fact, the meeting of the
District Managing Committee held on 07.02.2022, is illegal as
the same is against the specific directions issued by the
State Branch. The said meeting is void ab initio and
consequently the election notification is also bad in law,
contended the counsel for the petitioners.
13. The learned counsel for the Ernakulam District
Branch and Ernakulam District Managing Committee of the
Indian Red Cross Society resisted the writ petitions. The
learned Senior Counsel assisted by the counsel for the
respondents submitted that this Court as per judgment in
WP(C) No.3931/2022 dated 07.02.2022 directed the
Ernakulam District Managing Committee to forward the list of
the new members along with due share of the subscription
fee to the State Branch within a period of two weeks. In the
W.P.(C) Nos.3063, 7205 & 8514 of 2022
light of the said judgment, the prayer of the petitioner in
WP(C) No.3063/2022 relating to admitting of new members,
has become redundant.
14. The learned Senior Counsel urged that on
07.02.2022, the District Managing Committee resolved, on
account of completing its expiry of tenure on 09.02.2022, to
conduct the general election for 2022-2025 in a democratic
manner. Accordingly, Advocate R. Muraleekrishnan was
appointed as Returning Officer. The Returning Officer
notified the election in three prominent newspapers. The
respondents will be taking steps to send the election
notification to all the life members by individual notice by
post. The decision was duly communicated to the State
Branch of the Indian Red Cross Society. The District
Managing Committee is continuing as caretaker
administrative body.
15. The learned Senior Counsel pointed out that there
is nothing in the rules which insist that the Returning Officer
can be appointed by the State Branch alone. As long as the
W.P.(C) Nos.3063, 7205 & 8514 of 2022
District Managing Committee is following the democratic
process in conducting elections, this Court shall not interfere
in the matter. The learned Senior Counsel relied on the
judgments of the Apex Court in Shri Sant Sadguru
Janardan Swamy (Moingiri Maharaj) Sahakari Dugdha
utpadak Sanstha and another v. State of Maharashtra
and others [(2001) 8 SCC 509] and in Shaji K. Joseph v.
Viswanath and others [(2016) 4 SCC 429] and urged that
once the election process is set in motion, the High Court
should not stay the continuation of the election process even
though there may be some alleged illegality or breach of
rules while preparing the electoral roll. All disputes with
regard to election should be dealt with only after completion
of the election.
16. The learned Senior Counsel further urged that the
State Branch has approached this Court suppressing
material facts. Life Members of the IRCS had approached
the Munsiff's Court, Ernakulam filing O.S. No.153/2022
challenging the authority of the State Branch to appoint an
W.P.(C) Nos.3063, 7205 & 8514 of 2022
Administrator and they had obtained an ad interim injunction
restraining the Administrator from assuming the office as
Administrator and interfering in the election process. This
material fact is suppressed by the petitioner in WP(C)
No.7205/2022.
17. The learned Senior Counsel relied on the
judgment of the Apex Court in Shri K. Jayaram and others
v. Bangalore Development Authority and others (Civil
Appeal Nos. 7550-7553 of 2021) and in Meghmala and
others v. G. Narasimha Reddy and others [(2010) 8 SCC
383] and argued that the jurisdiction exercised by this Court
under Article 226 is extraordinary, equitable and
discretionary and it is imperative that the petitioner
approaching the writ court must come with clean hands and
put forward all facts before the court without concealing or
suppressing anything. If he withhold some vital or relevant
material in order to gain advantage over the other side, then
he would be guilty of playing fraud with the court as well as
with the opposite parties which cannot be countenanced.
W.P.(C) Nos.3063, 7205 & 8514 of 2022
18. The learned Senior Counsel pointed out that
section 5(1)(d) of the Indian Red Cross Society Act, 1920
empowers the managing body to frame rules for the
procedure of election of members by States Branch
Committee alone. Therefore, the State Branch cannot frame
rules governing elections to the District Managing
Committees. The State Branch has no power to direct the
District Branches to conduct election in a particular manner.
The learned Senior Counsel insisted that there is no
provision in the rules or bylaws governing elections to the
District Branches and therefore the State Branch cannot
dictate the District Branches in the matter of elections to
District Managing Committees.
19. I have heard the learned counsel for the
petitioners and the learned counsel representing the
respondents.
20. The prime issue arising for consideration in these
writ petitions is whether elections to Indian Red Cross
Society District Managing Committees are to be conducted
W.P.(C) Nos.3063, 7205 & 8514 of 2022
by Returning Officer appointed by the State Branch or
whether the District Managing Committees are competent to
appoint Returning Officers on their own and proceed
themselves to hold elections.
21. Section 5(1) of the Indian Red Cross Society Act,
1920 provides that the Managing Body with the approval of
the President may make rules for the management,
functions, control and the procedure of the Society. The
rules may provide for the procedure of election of members
by State Branch Committee. The section 5(1)(j) also
provides that the rules may provide for the regulation of the
procedure generally of the society and the Managing Body.
Therefore, it is evident that the Managing Body of the Indian
Red Cross Society can frame rules for conduct of elections to
the District Managing Body.
22. The supervisory role of the National Headquarters
of the Indian Red Cross Society is evident from Rule 1(f) of
the uniform rules for state/UT Red Cross Branches of Indian
Red Cross Society, exhibited as P2 in WP(C) No.7205/2022.
W.P.(C) Nos.3063, 7205 & 8514 of 2022
It provides that the National Headquarters shall, in
consultation with the State Branches, develop policies and
strategies for the better functioning of the Branches keeping
in mind the principle of unity. All Branches shall work within
these guidelines, framework and strategic directions agreed
with the National Headquarters.
23. Chapter III, Rule G(e) provides that the Managing
Committee of the National Headquarters has the power to
make rules for the management, functions, control and
procedure of the state/ UT/District Branch (including the
service rules for the staff). Chapter VI, Rule 1(a) provides
that the Managing Committee of the State/UT Branches shall
form District Branches and that all the District Branches shall
be under the control of the respective State/UT Branch.
24. Chapter VI, Rule 11(9) provides that District
branches shall be subject to all rules and regulations issued
from time to time by the National Headquarters of Indian Red
Cross Society and from the State Branch. Rule 12 again
provides that any District branch whose administration in the
W.P.(C) Nos.3063, 7205 & 8514 of 2022
opinion of the State Branch Managing Committee has not
been in accordance with the principles and policies laid down
by the State Branches Committee, subject to the approval by
the National Headquarters, may be taken over by the State
Branch and any funds and property at their disposal added to
the general funds of the State Branch. The afore provisions
would undoubtedly establish the strong supervisory role of
the State Branch and National Headquarters over the District
Branches.
25. The Indian Red Cross Society headquarters has
issued Circular dated 08.01.2013 (Ext.P3 in WP(C)
No.7205/2022) providing for the manner in which elections
are to be conducted in District branches. Clause 1 of Ext.P3
provides that the concerned Managing Committees are
required to pass resolution for appointment of Returning
Officer and forward to the next superior branch 30 days prior
to expiry of the term. The Chairman of the Managing
Committee who receives the resolution shall appoint a
person who is not a voter of the Branch for which the election
W.P.(C) Nos.3063, 7205 & 8514 of 2022
is to be conducted, as Returning Officer. As per Clause 3,
the Returning Officer shall inform the election proceedings to
the voter members either personally or through paper
publication, at least 21 days before the election. As per
Clause 4, it is for the Returning Officer to prepare the voters
list of the Branch where the election is to be conducted and
published the draft voters list, providing time for filing
objections.
26. A reading of Ext.P3 would show that a District
Managing Committee is required to pass a resolution for
appointment of Returning Officer and forward the same to
the State Branch 30 days prior to expiry of the term. It is the
State Branch which receive the resolution, who should
appoint the Returning Officer.
27. In the present case, the District Managing
Committee has passed a resolution to conduct election.
Instead of forwarding this resolution to the State Branch and
seeking appointment of a Returning Officer, the District
Managing Committee itself has appointed a Returning Officer
W.P.(C) Nos.3063, 7205 & 8514 of 2022
without the approval of the State Branch. Going by the
provisions contained in the Indian Red Cross Society Act,
1923, the draft uniform rules for States/UT Red Cross
branches of IRCS and Ext.P3 Circular issued by the Indian
Red Cross Society Headquarters it is evident that the action
of the District Managing Committee of the Indian Red Cross
Society, Ernakulam Branch, is grossly illegal and
unsustainable. The election scheduled to be held on
17.03.2022 is therefore liable to be declared as illegal and
ultra vires.
28. As regards the argument of the counsel for the
District Managing Committee regarding suppression of
material facts by the petitioner in WP(C) No.7205/2022, from
the pleadings, it appears that the Suit was filed against
appointment of Arbitrator by the State Branch. There is
nothing on record to show that the OS Pending before the
Munsiff's Court, Ernakulam relates to the legality of the
election to the District Managing Committee. Furthermore, it
is not only the petitioner in WP(C) No.7205/2022, but the
W.P.(C) Nos.3063, 7205 & 8514 of 2022
petitioners in WP(C) Nos. 3063/2022 and 8514/2022 have
also filed writ petitions seeking to conduct elections in
accordance with the rules of the Indian Red Cross Society.
29. As regards the argument that this Court should not
interfere in election process, it is to be noted that under the
Rules, it is the Returning Officer appointed by the State
Branch who is competent to hold elections. Election
conducted by any other person would be a farce and cannot
be condoned.
For all the above reasons, it is declared that the
election to the Ernakulam District Managing Committee of
the Indian Red Cross Society scheduled to be held on
17.03.2022 is illegal and ultra vires. The respondents are
desisted from conducting elections to the Indian Red Cross
Society, Ernakulam District Managing Committee on
17.03.2022. The petitioner in WP(C) No.7205/2022 is
directed to treat the resolution passed by the Ernakulam
District Managing Committee on 07.02.2022 as a resolution
to conduct election on a suitable and convenient date and
W.P.(C) Nos.3063, 7205 & 8514 of 2022
proceed forthwith to hold elections to the Ernakulam District
Managing Committee of Indian Red Cross Society, by
appointing a Returning Officer. The election shall be held as
expeditiously as possible and at any rate, within a period of
three months. The Returning Officer appointed by the State
Branch will be entitled to finalise the voters list in accordance
with law. The members of the Ernakulam District Managing
Committee whose tenure stands expired, shall extend all
assistance and co-operation for the smooth conduct of
election by the Returning Officer nominated by the State
Branch.
Sd-
N. NAGARESH, JUDGE
ncd/16.03.2022
W.P.(C) Nos.3063, 7205 & 8514 of 2022
APPENDIX OF WP(C) 3063/2022
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF LIFE MEMBERSHIP ID
CARD OF PETITIONER.
Exhibit P2 TRUE COPY OF RED CROSS AC XV OF 1920.
Exhibit P3 TRUE COPY OF INDIAN RED CROSS SOCIETY
STATE/UT/DISTRICT BRANCH RULES.
Exhibit P4 TRUE COPY OF LETTER DATED 08.01.2013
ALONG WITH CIRCULAR.
Exhibit P5 TRUE COPY OF THE LETTER OF THE
RESIGNATION OF THE SECRETARY DATED
27.11.2021.
Exhibit P6 TRUE COPY OF THE RESIGNATION LETTER OF
THE HONORARY TREASURER DATED
27.11.2021.
Exhibit P7 TRUE COPY OF THE COMPLAINT DATED
04/01/2022. FILED BY THE 2 OF THE
COMMITTEE MEMBERS.
Exhibit P8 TRUE COPY OF THE NOTICE DATED
05/01/2022 ISSUED BY THE STATE
COMMITTEE SUSPENDING THE MEETING.
Exhibit P9 TRUE COPY OF THE LETTER DATED
06/01/2022 ISSUED BY THE 4TH
RESPONDENT TO THE STATE COMMITTEE.
Exhibit P10 TRUE COPY OF THE COMPLIANT LETTER
DATED 24/12/2021 FILED BEFORE THE
DISTRICT COLLECTOR.
ANNEXURE I A TRUE COPY OF THE LETTER ISSUED BY
THE SECOND RESPONDENT TO THE DISTRICT
BRANCH DATED 31.01.2022
W.P.(C) Nos.3063, 7205 & 8514 of 2022
APPENDIX OF WP(C) 7205/2022
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE COPY OF THE INDIAN RED CROSS
SOCIETY ACT, 1920 PROMULGATED DATED
NIL.
Exhibit P2 A TRUE COPY OF THE RULES FOR
STATE/UNION TERRITORY/DISTRICT
BRANCHES OF THE INDIAN RED CROSS
SOCIETY ISSUED DATED 19.8.09.
Exhibit P3 A TRUE COPY OF THE COMMUNICATION BY
THE SECRETARY GENERAL, NATIONAL
HEADQUARTERS, INDIAN RED CROSS SOCIETY
DATED 8.1.13.
Exhibit P4 A TRUE COPY OF THE ELECTION
NOTIFICATION ISSUED IN THE INDIAN
EXPRESS, KOCHI EDITION DATED 11.2.22.
Exhibit P5 A TRUE COPY OF THE ELECTION
NOTIFICATION IN DESABHIMANI DATED
11.12.21.
Exhibit P6 A TRUE COPY OF THE COMMUNICATION DATED
7.2.22 BY THE FORMER CHAIRMAN, INDIAN
RED CROSS SOCIETY, ERNAKULAM DISTRICT
BRANCH TO THE 4TH RESPONDENT.
Exhibit P7 A TRUE COPY OF THE COMMUNICATION DATED
7.2.22 BY THE FORMER CHAIRMAN, INDIAN
RED CROSS SOCIETY, ERNAKULAM DISTRICT
BRANCH TO THE 1ST RESPONDENT.
Exhibit P8 A TRUE COPY OF THE COMMUNICATION BY
THE CHAIRMAN OF THE KERALA STATE
BRANCH, INDIAN RED CROSS SOCIETY DATED
9.2.22.
W.P.(C) Nos.3063, 7205 & 8514 of 2022
APPENDIX OF WP(C) 8514/2022
PETITIONER'S EXHIBITS
Exhibit P1 UNIFORM RULES FOR STATE/UT RED CROSS
BRANCHES OF INDIAN RED CROSS SOCIETY
DATED 08.01.2013.
Exhibit P2 COVERING LETTER DATED 19.08.2009.
Exhibit P3 FINAL REPORT DATED 09.02.2019 SENT BY
THE RETURNING OFFICER.
Exhibit P4 THE LETTER ISSUED BY THE STATE
COMMITTEE DIRECTING THE CHAIRMAN TO
ADJOURN THE MEETING SCHEDULED FOR
06.01.2022.
Exhibit P5 THE LETTER DATED 10.01.2022 ISSUED BY
THE STATE COMMITTEE DIRECTING THAT THE
FURTHER MEETINGS OF DISTRICT COMMITTEE
SHOULD BE HELD AFTER INTIMATING ABOUT
THE SAME IN ADVANCE TO THE STATE
COMMITTEE.
Exhibit P6 NOTICE DATED 28.01.2022 ISSUED BY
REGISTERED POST TO MEMBERS PROPOSING
TO HOLD A MEETING OF THE COMMITTEE ON
07.02.2022.
Exhibit P7 THE COMMUNICATION DATED 07.02.2022
SENT BY STATE COMMITTEE DIRECTING THE
CHAIRMAN TO ADJOURN THE PROPOSED
MEETING.
Exhibit P8 THE COMMUNICATION DATED 14.02.2022
ISSUED BY THE STATE COMMITTEE
INTIMATING "RETURNING OFFICER" THAT
HIS APPOINTMENT WAS NOT IN ORDER AND
DIRECTING HIM NOT TO ACT AGAINST THE
RULES.
Exhibit P9 TRUE COPY OF THE ELECTION NOTIFICATION
DATED 09.02.2022 PUBLISHED IN DEEPIKA
NEWS PAPER ON 11.02.2022.
