SOCIAL JUSTICE FOUNDATION Vs. SWAMIRAJ

JUDGEMENT

(1.) Social Justice Foundation, is a Society constituted under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act. Some of the members of the society filed O.P (Trust) No.107/2006 before the District Court, Thiruvananthapuram for framing a scheme for the administration of the Society. As per an order dated 12.1.2012 the O.P was allowed. A scheme was framed for administration of the Society after modifying the scheme framed in the year 2008 and directed the Administrator appointed by this Court to conduct the election of the governing body as per the bye-law framed by the court and hand over administration to the governing body. Pursuant to the said direction, election was conducted and from 23.5.2012 on wards the governing body is in administration of the Society. Subsequent to the election, an I.A was filed by the respondents 1 to 6 herein as I.A.No.1623/2012 before the District Court inter alia contending that as on the date of the election all the members of the Society lost their valid membership by operation of clause 6 of the scheme, hence the election has to be set aside. A direction was also sought for to conduct another election in terms of the provisions of the scheme. I.A.884/2017 was also filed for amending the date of payment of monthly subscription as 1.1.2013 as there was no one to collect the subscription while the society was under the administration of the Administrator and no member offered the subscription fee. Both these I.As were disposed of along with two other I.As on the finding that there was no illegality in the election conducted on 23.5.2012. The order in I.As 1623/12 and 884/17 are under challenge by the Society in this Original Petition.

(2.) Heard Adv.Sri.R.Krishna Raj, the learned Counsel appearing for the petitioner and Advs.Sri.B.Krishnamani and Sri.G.S.Reghunath appearing for the respondents.

(3.) After several rounds of litigation a scheme was framed for administration of the Society by the Additional District Court in O.P.(Trust) 107/2006. Ext. R5(a) is the scheme framed pursuant to the judgment dated 12/1/2012 for administration of the trust. The District Court has also held that an election has to be conducted as per the mandate of the new scheme and the Administrator who is now in administration of the Society appointed by this Court shall hand over the charge of administration to the newly elected office bearers. In compliance of the said direction, election was conducted on 23.5.2012 and the Administrator had handover the administration to the new governing body.