Dismissed

State Bank of India Scheduled Castes/Scheduled Tribes Employers Welfare Association v. the Registrar (Society)

Kerala HC11 Aug 2021WA/1023/2021

Case brief

AI extract

What is this about?

Writ appeals were filed against a High Court judgment dismissing petitions regarding election of office bearers in a private body. Upon hearing, the appellant sought to withdraw the appeals citing a pending civil suit and the doctrine of election. The High Court granted permission to withdraw and dismissed the appeals.

What did the court decide?

Permission to withdraw writ appeals granted; appeals dismissed.

State Bank of India Scheduled Castes/Scheduled Tribes… — Service and Employment | Kerala HC (2021)

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W. A. Nos. 1022 & 1023 of 2021 -1-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 11^TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943

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WA NO. 1022 OF 2021

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AGAINST THE JUDGMENT IN WP(C) 9489/2020 OF HIGH COURT OF KERALA,

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ERNAKULAM

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APPELLANT/S:

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STATE BANK OF INDIA SCHEDULE CASTES/SCHEDULE TRIBES EMPLOYERS WELFARE ASSOCIATION (KERALA CIRCLE), REGD. NO.5 27/2001, CHILD WELFARE COMPLEX, LMS COMPOUND, NOW AT STATE BANK OF INDIA, LOCAL HEAD OFFICE, GROUND FLOOR, POOJAPPURA, THIRUVANANTHAPURAM - 695 012 REPRESENTED BY ITS GENERAL SECRETARY, RAMAPRASAD K.P.

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BY ADV BINOY VASUDEVAN

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RESPONDENT/S:

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1 THE SDM CUM REGISTRAR(F AND S) CHANAKYA PURI, JAM NAGAR HOUSE, NEAR UPSE, NEW DELHI - 110 001.

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2 THE REGISTRAR (SOCIETY) REGISTRATION DEPARTMENT, GOVERNMENT OF KERALA, EAST FORT, THIRUVANANTHAPURAM - 695 023.

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3 NATIONAL FEDERATION OF STATE BANK OF INDIA SC/ST EMPLOYEES, REG.NO.E/S 184/2011, SWAGOTA SQUIRE, 5TH FLOOR, ABC POINT, G.S.ROAD, GAUHATI - 781 005.

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4 VELAYUDHAN K.S. MANAGER, CUSTOMER SERVICE, STATE BANK OF INDIA, LOCAL HEAD OFFICE, POOJAPURA, THIRUVANANTHAPURAM - 695 012.

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5 T.K.SOMAN CHIEF MANAGER, STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, STATE BANK OF INDIA, PATHANAMTHITTA - 689 645. BY ADVS. S.P.ARAVINDAKSHAN PILLAY, R.V.SREEJITH, N.SANTHA, V.VARGHESE, PETER JOSE CHRISTO, S.A.ANAND, K.N.REMYA, L.ANNAPOORNA, VISHNU V.K., ABHIRAMI K. UDAY, KURUVILLA SABU CHRISTY SRI. TEK CHAND, SR. GOVT. PLEADER FOR R2, SRI.DEEPU LAL MOHAN FOR R4 AND R5

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11.08.2021, ALONG WITH WA.1023/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W. A. Nos. 1022 & 1023 of 2021 -2-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 11^TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943

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WA NO. 1023 OF 2021

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AGAINST THE JUDGMENT IN WP(C) 8764/2020 OF HIGH COURT OF KERALA,

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ERNAKULAM

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APPELLANT/S:

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STATE BANK OF INDIA SCHEDULED CASTES/SCHEDULED TRIBES EMPLOYERS WELFARE ASSOCIATION REG. NO. T.27/2001, REPRESENTED BY ITS GENERAL SECRETARY, CHILD WELFARE COMPLEX, LMS COMPOUND, NOW AT STATE BANK OF INDIA,

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LOCAL HEAD OFFICE, GROUND FLOOR, POOJAPURA, THIRUVANANTHAPURAM-695012.

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BY ADV BINOY VASUDEVAN

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RESPONDENT/S:

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1 THE REGISTRAR (SOCIETY) REGISTRATION DEPARTMENT, GOVERNMENT OF KERALA, EAST FORT, THIRUVANANTHAPURAM-695023.

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2 STATE BANK OF INDIA CORPORATE CENTRE, STATE BANK BHAVAN, MADME CAMA ROAD, NARIMAN POINT, MUMBAI-400021.

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3 STATE BANK OF INDIA LOCAL HEAD OFFICE, POOJAPURA, THIRUVANANTHAPURAM-695012., REPRESENTED BY CHIEF GENERAL MANAGER.

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4 NATIONAL FEDERATION OF STATE BANK OF INDIA SC/ST EMPLOYEES REG.NO.E/184/2011. SWAGOTA SQUIRE, 5TH FLOOR, ABC POINT, G.S. ROAD, GAUHATI-781005.

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5 VELAYUDHAN K.S. MANAGER, CUSTOMER SERVICE, STATE BANK OF INDIA, LOCAL HEAD OFFICE, POOJAPURA, THIRUVANANTHAPURAM-695012.

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6 T.K.SOMAN CHIEF MANAGER, STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, STATE BANK OF INDIA, PATHANAMTHITTA-689645.

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W. A. Nos. 1022 & 1023 of 2021 -3-

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OTHER PRESENT:

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SRI. TEK CHAND, SR. GP FOR R1 SRI. AMAL GEORGE FOR R2 AND R3, SMT. M.U.VIJAYALAKSHMI FOR R4, SRI. DEEPU LAL MOHAN FOR R5 AND R6

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11.08.2021, ALONG WITH WA.1022/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W. A. Nos. 1022 & 1023 of 2021 -4-

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J U D G M E N T

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S. Manikumar, C. J.

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Writ appeals are directed against the common judgment in W.P. (C) No. 8764 of 2020 and connected cases dated 05.01.2021, whereby the writ court declined to entertain the writ petitions on the ground that a writ petition under Article 226 of the Constitution of India is not maintainable to decide the issue relating to election of office bearers in respect of a private body.

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On this day, when the matter came up for hearing, Mr. Binoy Vasudevan, learned counsel for appellant, submitted that adverting to the issues raised, a suit has already been filed before the court of competent civil jurisdiction and when an objection was raised on the principle of doctrine of election, learned counsel for appellant thought it fit to withdraw the writ appeals.

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Accordingly, permission sought for by the learned counsel for appellant to withdraw the writ appeals, are granted and the instant writ

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W. A. Nos. 1022 & 1023 of 2021 -5-

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appeals are dismissed. It is open to the appellant to raise all his

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contentions in the suit already filed.

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Sd/-

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S.MANIKUMAR CHIEF JUSTICE

Sd/-

SHAJI P.CHALY

JUDGE

///TRUE COPY///

P. A. TO JUDGE

State Bank of India Scheduled Castes/Scheduled Tribes Employers Welfare Association v. the Registrar (Society)

Case brief

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What did the court decide?

State Bank of India Scheduled Castes/Scheduled Tribes Employers Welfare Association v. the Registrar (Society)

Case brief

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What did the court decide?

What the court decided

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