VIJAYAKUMAR Vs. SNDP YOGAM

JUDGEMENT

(1.) The reliefs sought for in these writ petitions are intrinsically connected and the writ petitions are hence being heard and disposed of together. W.P.(C) No.8382/2020

(2.) This writ petition has been filed praying to quash Ext.P5 order issued by the 3rd respondent whereby M/s.Sree Narayana Dharma Paripalana Yogam (hereinafter referred to as 'the Yogam ) was exempted from the provisions of Ss. 172 (2), 219 and Article 14 of Table C of Schedule I of the Companies Act, 1956 (hereinafter referred to as 'the Act'), in exercise of the power conferred under Sec. 25(6) of the Act. The petitioner has also prayed for a declaration that clause 44 of the Articles of Association of the Yogam is ultra vires the Union, illegal and unenforceable in law and for a writ of mandamus appointing an independent and responsible person or persons as Administrator/Administrators for the Yogam for the purpose of preparing a true and correct voters' list of the members and to conduct the election thereafter. W.P.(C)No.1385/2021

(3.) The writ petition has been filed praying for a writ of certiorari to quash Ext.P2 order issued by the 3rd respondent (Ext.P5 in W.P.(C)No.8382/2020) or in the alternative to declare Ext.P2 as having been rendered without jurisdiction, obtained by fraud, misrepresentation and suppression of facts and therefore liable to be quashed. The petitioner has also sought for a declaration that every member of the Yogam has a right to vote at any election to be held by the Yogam. Unless otherwise indicated, the reference to documents in this judgment are as they are referred to in W.P. (c)No.8382 of 2020.