GANGADHARAN MOOSAD Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) Ramanattukara High School Sangham is a Corporate Educational Agency and the school founded by the Society has been functioning from late 1940' For an unusual long spell, Sri. M.K. Kunhisankara Menon had been functioning as the Manager of the School, practically from the inception of the school in 1948 to January, 1993. The Society apparently is registered under the Societies Registration Act and the bylaws of the organization prescribes that the President of the Sangham is to function as the Manager of the school. Qualifications for membership had been prescribed by the bye laws and the administration of the school was to be vested in a Managing Committee. It so happened that by passage of time most of the members of the Society had passed away. After the death of Kunhisankara Menon, referred to earlier, a meeting of the members had been convened and one Chandukutty had been elected as the Manager of the school. Alleging that there was no proper meeting, the Secretary of the Sangham had filed a suit (OS No.386 of 1993), which was decreed by the Munsiff's Court, Kozhikode. In the appeal, the judgment and decree had been partly modified. Dissatisfied by the judgment the defendant had filed a second appeal (SA No. 158 of 1997) before this Court. It was dismissed by judgment dated 1.4.1998, a copy of which is Ext. P2.

(2.) A regarding of Ext. P2 would show that taking cognizance of the entire situation this Court had exerted itself noticing the change in the scenario brought about by passage of time. The Court observed that the Society does not have even a quorum to hold a meeting of the Managing Committee and it was necessary to inject fresh blood. As a matter of fact, there were only three members remaining. Relying on the byelaws, produced in the suit as Ext.A2, the Court found that a minimum of 21 members are necessary for satisfactorily functioning the Society. The court, therefore, observed as following:

(3.) In due course, the Commissioner appointed by this Court had taken steps for selection a committee from among the members who had additionally offered membership of the Society. 15 persons, who secured the highest number of votes, thus constituted the committee. Thereafter, on the basis of the report submitted by the Commissioner, in CMP No.1860 of 2000 in CMP No.1276 of 2000 in SA No.158 of 1997, this Court passed a declaration to clarify the position. It was held that the office bearers would be entitled to hold office in terms of the byelaws of the Society for a period of three years from 4-3-2001. This order had attained finality. The election of Sri. E. Velayudhankutty Panicker as President and the election of Sri.M.A. Gangadharan Moosad as Secretary thus stand ratified.