Disposed

K.P.Haridas v. the Dakshina Bharat Hindi Prachar Sabha

Kerala HC9 Mar 2021WP(C)/22385/2015

Case brief

AI extract

What is this about?

Petitioners elected under by-laws declared void in RSA No.333/2011 sought to assume office or oppose it. Court found term expired, making verification academic. It directed respondents to prepare provisional voter list and conduct fresh elections within six months to fill the governance vacuum.

What did the court decide?

Directed respondents to prepare provisional voters list within one month and elect the Governing Body within six months.

K.P.Haridas Vs the Dakshina Bharat Hindi Prachar Sabha — Cooperative Societies | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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TUESDAY, THE 09TH DAY OF MARCH 2021/18TH PHALGUNA, 1942 WP(C).No.22385 OF 2015(W)

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PETITIONERS:

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1 K.P.HARIDAS, AGED 65 YEARS, KOCHILATT HOUSE, S.R.M.ROAD, PACHALAM, KOCHI-12.

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2 K.N.UNNIKRISHNAN, KEZHUPPILLIL, KADAVANTHRA, KOCHI-20.

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3 P.RAJENDRA PRASAD, 7B, REWGENT GARDENS, HOSPITAL ROAD, ERNAKULAM-682 011.

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4 K.K.KUNJACHEN, HOUSE NO. 16/686, KOLLACHANAIL HOUSE, THOPPUMPADY, COCHIN-682 005.

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5 P.M.RAJESHKUMAR, EDATHOTTUVILAKOTH PUTHEN VEEDU, RAMARASSERY KONAM, NARUVAMOODU P.O., TRIVANDRUM.

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6 P.D.SREEKUMAR, PUTHENPURAKKAL HOUSE, EROOR WEST P.O., TRIPUNITHURA.

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7 K.P.RAJASEKHARAN NAIR, ANAJALI, P.B.NO.60. PATHANAMTHITTA.

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8 JOHN K.MATHEW, THEKKEDATHY HOUSE, KAITHA NORTH, CHETTUKULANGARA P.O., MAVELIKKARA.

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9 P.K.MURALLEDHARAN, PUTHUKKATUVELIYIL, SOUTH PARAVOOR, UDAYAMPEROOR, PIN-682 320.

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10 DR. K.VANAJA, THANIYANIKAL HOUSE, KANJIKUZHY P.O., IDUKKI.

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11 K.S.SANTHOSH, KARATHAT HOUSE, K.S.UDAYAN ROAD, PACHALAM P.O., ERNAKULAM.

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WP(C) No.22385/2015

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12	P.RAJAPPAN PILLAI,
	KOCHUKATTITHARA HOUSE, MASTHYPURI P.O., VATHURUTHY, COCHIN-682029.
13	M.N.GIRI, MADATHIKUDUY HOUSE, KAKKANAD P.O., KOCHI-30.
14	AKBAR BADSHA, 19/258, WEST YAKKARA, PALAKKAD.
15	K.M.NASSAR, KUMBASSERY HOUSE, AYOORAPADAM P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT.
16	T.S.SHANMUGHADAS, HALIFAX ENCLAVE, PUTHUKKALAVATTOM, ELAMAKKARA, COCHIN-682 026.
17	A.D.PRAVEEN, HINDI PRACHARAK, AVUVAYAL HOUSE, P.O. KARAMI, WAYANAND.
18	P.P.REEZ, PUTHENVEETTIL HOUSE, CHOTTANIKKARA P.O., ERNAKULAM.
19	K.M.ABDUL RAUF, RANATH MANZHIL, VENNALA POST, KOCHI-28.
20	SUNINDRAN NAIR M., TC 20/637,
	OOTTUKUZHI, TRIVANDRUM-695 991.
21	K.M.UMMER, KURIKOD HOUSE, T.V.CENTRE, KOCHI-682 030.
22	VINOD KUMAR C., EROOR SOUTH POST, THRIPUNITHURA.
	BY ADVS. SRI.K.M.ANEESH SRI.ADARSH KUMAR
	SRI.BIJU VARGHESE ABRAHAM
	SRI.DILEEP CHANDRAN
	SRI.K.SANTHOSH KUMAR (KALIYANAM)

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RESPONDENTS:

1 THE DAKSHINA BHARAT HINDI PRACHAR SABHA T.NAGAR P.O., CHENNAI-17, TAMIL NADU, REPRESENTED BY ITS GENERAL SECRETARY.

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2 THE DAKSHINA BHARATH HINDI PRACHAR SABHA (KERALA), CHITTOOR ROAD, KOCHI-16, REPRESENTED BY ITS SPECIAL OFFICER.

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3 THE SPECIAL OFFICER, THE DAKSHINA BHARATH HINDI PRACHAR SABHA (KERALA), CHITTOOR ROAD, KOCHI-16, REPRESENTED BY ITS SPECIAL OFFICER.

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R1 BY ADV. SRI.T.KRISHNANUNNI SR. R1 BY ADV. SRI.SAJAN MANNALI R2 BY ADV. SHRI.JAWAHAR JOSE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-03-2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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N. NAGARESH, J.

W.P.(C) No.22385 of 2015

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Dated this the 9^th day of March, 2021

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J U D G M E N T

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~ ~ ~ ~ ~ ~ ~ ~ ~

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The petitioners, who are office-bearers elect and members-elect of the Karyakarini Samithi and Nidhi Palak Samithi of the 2^nd respondent-Dakshina Bharat Hindi Prachar Sabha, Kerala, in the elections held in the year 2014, have filed this writ petition seeking to direct respondents 1 and 3 to allow the petitioners and other office bearers elected, to assume charge of the respective offices to which they have been validly elected. In the alternate, the petitioners prayed that the 1^st respondent-Dakshina Bharat Hindi Prachar Sabha, Chennai may be directed to immediately call for fresh elections to the Karyakarini Samithi of the 2^nd respondentDakshina Bharat Hindi Prachar Sabha, Kerala based on final

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voters list published by the earlier Returning Officer on 20.06.2014.

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The petitioners state that the 1^st respondentDakshina Bharat Hindi Prachar Sabha, Chennai was established in the year 1918. In the year 1964, the Sabha was declared as an institution of national importance as per Dakshina Bharat Hindi Prachar Sabha Act 1964. The 2^nd respondent-Dakshina Bharat Hindi Prachar Sabha, Kerala was established as the Kerala Branch of the 1^st respondentSabha. The 2^nd respondent-Sabha has its Governing Body named ‘Vyavasthapika Samathi’, Executive Committee named ‘Karyakarini Samithi’ and Board of Trustees named ‘Nidhi Palak Samithi’.

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When the petitioners who were elected as officebearers approached the Special Officer on 06.11.2014, he refused to allow the petitioners to assume office. The Special Officer acted purportedly on the basis of the judgment of this Court in RSA No.333/2011 dated 04.11.2014. The petitioners would contend that the said judgment has no bearing on their

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election. According to the petitioners, the judgment in RSA No.333/2011 will not in any manner relate to or impact or influence the elections that were conducted as per Ext.P2 notification and schedule. The petitioners therefore prayed that they may be permitted to assume office.

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The 1^st respondent filed a counter affidavit. The 1^st respondent stated that in the year 2007, the Constitution of the Kerala Sabha was amended. The amendments were challenged in OS No.1380/2007 of the Munsiff's Court, Ernakulam. The Munsiff's Court held that the amendments effected on 04.11.2007 are null and void. The District Court, Ernakulam in AS No.93/2009 reversed the judgment of the Munsiff's Court. The judgment of the District Court was challenged in RSA No.333/2011 before this Court. This Court upheld the judgment of the trial court. In effect, the amendments made in the year 2007 became ineffective. Elections were conducted on the basis of amended by-laws, which amendments were nullified by Court. In view of the judgment of this Court in the RSA, the assumption of office by

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the petitioners was postponed.

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Respondents 2 and 3 filed a counter affidavit. Respondents 2 and 3 stated that the amendments which were

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made to the Constitution in 2007 have a direct bearing on the elections. Respondents 2 and 3 are not in a position to permit the petitioners to assume office in view of the judgment of this Court in the RSA.

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The 4^th respondent in the writ petition also filed a counter affidavit. The 4^th respondent submitted that fresh elections will have to be conducted based on final voters list to be prepared.

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I have heard the learned counsel for the petitioners, the learned Standing Counsel for the 1^st respondent, learned Standing Counsel for respondents 2 and 3, and the learned counsel for the 4^th respondent.

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The petitioners were elected on the basis of an election held in the year 2014. The elections were conducted on the basis of amendments made to the by-laws in the year

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In RSA No.333/2011, this Court held that the

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amendments to the by-laws are null and void. Therefore, the elections conducted in the year 2014 also will have to be held null and void. The petitioners have a case that the judgment in RSA No.333/2011 has no bearing on the elections held in the year 2014. I find that there is no necessity to adjudicate on the said issue because the petitioners admittedly did not assume office and the term of the committee to which the petitioners were elected, stands expired. Therefore, adjudication of the said issue will only be an academic exercise.

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However, fact remains that there is no elected body governing the 2^nd respondent-Sabha since the year 2014. Respondents 1 and 2 are statutory bodies, functioning under a central statute.

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Taking into account the facts emerging from the pleadings and arguments of the counsel on either side, this Court is of the opinion that the writ petition can be disposed of directing the respondents to conduct elections to the 2^nd respondent-Dakshina Bharat Hindi Prachar Sabha, Kerala,

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expeditiously and in a time bound manner. Respondents 1 to 3 are directed to prepare a provisional voters list within a period of one month from the date of receipt of a copy of this judgment. Election to the Vyavasthapika Samithi of the 2^nd respondent-Dakshina Bharat Hindi Prachar Sabha, Kerala

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should be conducted within a period of six months thereafter.

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Writ petition is disposed of with the afore directions.

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Sd/-

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N. NAGARESH, JUDGE

aks/08.03.2021

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APPENDIX

PETITIONERS' EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE MEMORANDUM OF ASSOCIATION AND BYE LAWS OF THE 2ND RESPONDENT.
EXHIBIT P2	TRUE COPY OF THE ELECTION CALENDAR FOR THE VYAVASTAPIKA SAMITHI 2014.
EXHIBIT P3	TRUE COPY OF THE JUDGMENT IN THE WPC NO. 24407/2014 DATED 20-10-2014.
EXHIBIT P4	TRUE COPY OF THE JUDGMENT IN W.A.NO. 1524/2014 DATED 31-10-2014.
EXHIBIT P5	TRUE COPY OF THE REPORT BY THE LEARNED ADVOCATE COMMISSIONER IN WPC NO. 24407/2014 DATED 20-10-2014.
EXHIBIT P6	TRUE COPY OF THE MINUTES OF THE MEETING, DATED 05-11-2014.
EXHIBIT P7	TRUE COPY OF THE LETTE ADDRESSED TO THE SPECIAL OFFICE BY THE PETITIONERS, DATED 06-11-2014.
EXHIBIT P8	TRUE COPY OF THE AMENDED BY LAWS OF THE 2ND RESPONDENT.
EXHIBIT P9	TRUE COPY OF THE JUDGMENT OF THE LEARNED MUNSIFF'S COURT ERNAKULAM IN O.S.NO. 1380/2007.
EXHIBIT P10	TRUE COPY OF THE JUDGMENT OF THE DISTRICT COURT, ERNAKULAM A.S.NO. 93/2009.
EXHIBIT P11	TRUE COPY OF THE JUDGMENT OF THE
	HON'BLE HIGH COURT IN R.S.A.NO.
	333/2011 DATED 04-11-2014.

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EXHIBIT P12 TRUE COPY OF THE APPLICATION FORM FOR MEMBERSHIP EXHIBIT P13 TRUE COPY OF THE CONSTITUTION OF THE 1ST RESPONDENT

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RESPONDENTS' EXHIBITS

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EXHIBIT R1(a) TRUE COPY OF ELECTION CALENDER FOR 2015 ELECTION TO VYAVASTHAPAK COMMITTEE OF THE 2ND RESPONDENT SABHA EXHIBIT R3(a) TRUE COPY OF STATEMENT SHOWING THE CLAUSES OF THE CONSTITUTION OF THE 2ND RESPONDENT AS IT STOOD BEFORE AND AFTER THE 2007 AMENDMENT. EXHIBIT R3(b) TRUE COPY OF FORM OF LETTER SENT BY ELECTION OFFICER TO THE ELECTED MEMBERS EXHIBIT R3(c) TRUE COPY OF LIST OF ELECTED MEMBERS EXHIBIT R3(d) TRUE COPY OF THE LETTER DATED 4.11.14. EXHIBIT R3(e) TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN R.P.NO.890/2014 IN RSA 333/2014.

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ncd

K.P.Haridas v. the Dakshina Bharat Hindi Prachar Sabha

Case brief

What is this about?

What did the court decide?

K.P.Haridas v. the Dakshina Bharat Hindi Prachar Sabha

Case brief

What is this about?

What did the court decide?

What the court decided

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