T.R.Vasudevan vs Balakrishnan Kartha
2022 Latest Caselaw 3698 Ker

Citation : 2022 Latest Caselaw 3698 Ker
Judgement Date : 24 March, 2022

Kerala High Court

T.R.Vasudevan vs Balakrishnan Kartha on 24 March, 2022

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                       &
                    THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
         Thursday, the 24th day of March 2022 / 3rd Chaithra, 1944
                             WA NO. 373 OF 2022

    AGAINST JUDGMENT DATED 16.03.2022 IN WP(C) 8514/2022 OF THIS COURT

                                     ---


APPELLANT/ADDITIONAL 5TH RESPONDENT IN WRIT PETITION (CIVIL):


     T.R.VASUDEVAN,S/O. RAMACHANDRAN PILLAI, AGED 54 YEARS RESIDING AT
     SIVALAYAM, KUTTAPPAI ROAD, ERNAKULAM - 682035.

BY ADVS.M/S. P.B.KRISHNAN,ARUN V.G.,JAYA RAGI V.

HARIKRISHNAN R. & NEERAJ NARAYAN


RESPONDENTS/PETITIONERS 1 TO 6 & RESPONDENTS 1 TO 4

IN THE WRIT PETITION (CIVIL):


  1. BALAKRISHNAN KARTHA, AGED 83,S/O. NARAYANAN UNNI, PLOT NO. 25,
     KUMARANASAN NAGAR, KADAVANTHRA - 682020.

AND 9 OTHERS.

BY ADVS.SRI.SREEKUMAR G.CHELUR AND SRI.AAMIR SOHRAB FOR R7.

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation and all further proceedings in pursuance to the
judgment dated 16.03.2022 in W.P.(C) No.8514/2022, for the ends of
justice.
     This Writ Appeal again coming on for orders along with connected
cases on 24.03.2022 upon perusing the appeal memorandum and this court's
order dated 21.03.2022, the court on the same day passed the following:

                                                                      P.T.O.
 EXT.P3:FINAL   REPORT DATED 09.02.2019 SENT BY

THE RETURNING OFFICER.
             S. MANIKUMAR, C. J. & SHAJI P. CHALY, J.
           ======================================
               W. A. Nos. 373, 374, 376, 377 & 379 of 2022
           ======================================
                  Dated this the 24th day of March, 2022

                                ORDER

S. Manikumar, C. J.

Instant writ appeals are filed challenging the common judgment

dated 16.03.2022 in W. P. (C) Nos. 3063, 7205 and 8514 of 2022, by

which a learned Single Judge disposed of the writ petitions, holding

thus:-

"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 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 W. A. No. 373 of 2022 and connected cases -2-

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 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 W. A. No. 373 of 2022 and connected cases -3-

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 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."