KARUNAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) As per Ext. P1 order of the Government of Kerala dated 25-1-1983, issued by Order of the Governor the Board of Directors of the Kerala State Cashew Development Corporation Ltd., (hereinafter referred to as the Company) was reconstituted under Art.18 of its Articles of Association. There are nine directors in the Board reconstituted as per Ext. P1 and the petitioner is one among them. There is a subsequent order Ext. P2 dated 7-9-1983 as per which the 5th respondent is appointed as a Director of the Company, replacing the petitioner from the post. Art.18 of the Articles of Association of the Company, is extracted below:

(2.) The reconstitution of the Board of Directors as per Ext. P1 is not for any particular term. Even though under clause (ii) of Art.18, the Directors hold office during the pleasure of the Governor, the petitioner prays for a writ of certiorari quashing Ext. P2 order as made without jurisdiction, mala fide and arbitrary.

(3.) Art.18 extracted above would clearly show that the Directors hold Office during the pleasure of the Governor. It is conceded by the learned Counsel for the petitioner that the Directors of the Company are not entitled to any salary, or remuneration, but are paid sitting fees when they are required to attend the meetings of the Board.