The High Court dismissed the second appeal holding that since a suit challenging the validity of the 2012 election is pending, all contentions must be raised therein. The court found the appellant was not entitled to relief in this separate appeal.
Second appeal dismissed; no relief granted to the appellant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
THURSDAY, THE 7TH DAY OF FEBRUARY 2013/18TH MAGHA 1934
RSA.No. 1476 of 2012 (A)
-----------------------AGAINST THE JUDGMENT IN AS.78/2011 of II ADDL.DISTRICT COURT, MAVELIKKARA DATED 02-08-2012
AGAINST THE JUDGMENT IN OS.332/2008 of MUNSIFF'S COURT, KAYAMKULAM DATED 28-02-2011
APPELLANT(S)/APPELLANT/PLAINTIFF:
SREE NARAYANA SAMSKARIKA SAMITHI KARTHIKAPPALLY TALUK COMMITTEE REPRESENTED BY ITS PRESIDENT V.CHANDRADAS.
BY ADVS.SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
RESPONDENT(S):
1. SREE NARAYANA SAMSKARIKA SAMITHI STATE COMMITTEE REPRESENTED BY ITS GENERAL SECRETARY, V.SAJEEVAN SREE NARAYANAPURAM, KAKKANAD, ERNAKULAM-682 030.
2. A.S.DINESAN, PRESIDENT SREE NARAYANA SAMSKARIKA SAMITHI STATE COMMITTEE.
3. V.MANOHARAN MUNJINATTU HOUSE, MUTHUKULAM P.O. MUTHUKULAM NORTH-690 514.
R1 BY ADV. SRI.M.SREEKUMAR (CAVEATOR)
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 07-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
das
N.K.BALAKRISHNAN, J.
==================
R.S.A. No. 1476 of 2012
========================= Dated this the 7th day of February, 2013
JUDGMENT
The appellant was elected as the President of the Karthikappally Taluk Committee, SN Samskarika Samithy, in the election conducted on 22.04.2007. The period, the office bearers were to function was admittedly two years. So it expired by 22.04.2009. The suit was filed based on a decision taken by the State Committee. The appellant contended that he was attempted to be ousted. It was also contended that there is no provision in the bye-law of the Samithi enabling expulsion of the President/Secretary etc, and that the State Committee was attempting to oust the appellant of the Presidential ship of the Committee.
R.S.A No.1476/2012
: 2 :
because of the pendency of the suit no election was conducted thereafter and hence, the appellant continued to be the president even thereafter.
Since that suit is pending, all contentions are to be raised in that suit. In the light of the factors mentioned earlier, the appellant is not entitled to get any relief in this Second Appeal. But all contentions including the validity of the election conducted on 22.04.2012 can be challenged in the pending suit. With these observations, this second appeal is dismissed.
Sd/-
N.K.BALAKRISHNAN, JUDGE
das
// True copy //
PA to Judge
R.S.A No.1476/2012
: 3 :
2 issues framed by the court
Whether the appellant is entitled to any relief in the second appeal while a suit challenging the validity of the 2012 election is pending.
Whether the pendency of the underlying suit precludes a separate challenge to the 2012 election in the present appeal.
Sree Narayana Samskarika Samithi Karthikappally Taluk Committee represented by V. Chandradas
Sree Narayana Samskarika Samithi State Committee represented by V. Sajeevan
A.S. Dinesan
V. Manoharan
N.K.Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
