H.NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These two appeals have arisen from a common order dated 06.08.2020 in W.P.(C) Nos.25124/2017 & 26106/2017. The substantial dispute between the parties to the lis is with reference to the validity of the election conducted on 22.07.2017 whereby a President had been elected, who is to act as Manager of the Educational Institution. One of the requests made in W.P.(C) No.26106/2017 was to appoint an Advocate cCmmissioner to conduct the election process. The learned single Judge did not interfere with this request, however, directed that the parties will have to approach the Civil Court for appropriate reliefs. Further, it was observed that since there was a dispute regarding the Managership of the school, it would be appropriate to direct the Assistant Educational Officer to function as ad hoc Manager till a new Manager takes charge on the basis of election or on the basis of orders, if any, to be passed by any court.

(2.) The contention of the appellants is that during the pendency of the writ petition, an election was held on 22.07.2020 and after notice to all the parties, a person had been elected as President, who is functioning as Manager of the Educational Institution and an application had already been filed before the AEO to approve him as Manager.

(3.) The learned senior counsel appearing for the party respondents would submit that no such election was conducted on that day. According to him, there was even a ban by the District Collector under the Disaster Management Act from convening any meeting in the said locality where the election is alleged to have been conducted. It is, therefore, contended that nobody has been elected as President as alleged in these appeals.