K C VELAYUDHAN NAIR Vs. STATE OF KERALA REPRESENTED BY THE ADDITIONAL SECRETARY REVENUE (DEVASWOMS) DEPARTMENT SECRETARIAT THIRUVANANTHAPURAM

JUDGEMENT

(1.) PETITIONERS have approached this Court seeking the following prayers:

(2.) BRIEFLY put, the case of the petitioners is as follows: Petitioners are three of the nine trustees of Sree Thricherumanna @ Kottiyoor Devaswom. Petitioner No.1 is a hereditary trustee. By Ext.P1 judgment a Scheme was framed by this Court for the administration of the Devaswom. Respondent No.6 was the Chairman of the Board of Trustees from 2009 onwards. Various allegations were made against him. Election had to be held for electing a new Chairman. It is the case of the petitioners that, respondent No.6 who was the former Chairman did not convene the meeting. Consequently, the Commissioner nominated respondent No.5 a non-hereditary trustee by Ext.P2. There were proceedings before the Government and also before this Court. Finally, Government of Kerala, after hearing the parties vide Ext.P8 directed election to be held. In the election it is the case of the petitioners that the first petitioner was actually elected. However, there was a second election held on 5.3.2012. According to the petitioners, the 3rd respondent Commissioner recalled one trustee and persuaded and pressurized him in the presence of respondent No.6 to make an open declaration regarding his vote. It is clearly illegal and malafide. It is stated that on intense pressure the said trustee is made to say that he had voted for the 6th respondent without the help of the Devaswom Board Clerk who had been deputed to assist the trustees in voting. Accordingly, it is contended that the second election on the said basis was illegal. Counter affidavit is filed to which reply affidavit is also filed. While so, the parties agreed for another election.