LAWS(KER)-2012-9-324

KOTTARA VASUDEV Vs. MALABAR DEVASWOM BOARD

Decided On September 28, 2012
KOTTARA VASUDEV Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THE petitioner is a member of the Malabar Devaswom Board. He was nominated on 29.9.2010. That is evident from Ext.P1, whereby, the notification G.O.(P).No.301/08/RD dated 8.9.2008 has been amended and the names of the members as on that day included. The plea of the petitioner is that though he was nominated on 29.9.2010, he could enter office only after Ext.P1 notification dated 18.11.2010 and therefore, the two year term of office in terms of Section 7A(1) of the Madras Hindu Religious and Charitable Endowments Act, 1951, hereinafter, 'the Act', for short, ought to be two years from the date of his assumption of office following Ext.P1 notification.

(2.) IN support of the petitioner's contention, his learned counsel argued that the petitioner could not assume office till the issuance of Ext.P1 notification and there was also the issue of intervening general elections. He pointed out that the provision in section 7A(1) has to be so understood that the two year term operates only from the date on which the member assumes office or a notification is issued including his name as a member of the MDB.

(3.) SECTION 7(2) of the Act provides that the Board shall be a body corporate having perpetual succession and a common seal. Sub-section (1) of section 7 enjoins that as soon as after the commencement of the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 2008, the Government shall, by notification in the Gazette, constitute a Board by name "the Malabar Devaswom Board". The notification issued in obedience to that statutory requirement is the aforenoted GO(P).No.301/08/RD dated 8.9.2008. Sub- section (3) of section 7 enumerates the constituencies from which Hindu members have to be provided for the Board. Sub-section (4) provides for nomination and election for choosing such members. Sub-section (5) also provides for nomination.