SUNIL C. KURIEN Vs. UNION OF INDIA

JUDGEMENT

(1.) When this writ petition came up for admission on 1.8.2016, the learned Assistant Solicitor General took notice on behalf of respondents 1 and 8 and the learned Advocate General took notice on behalf of respondents 2 to 7. It was also pointed out that a counter affidavit has been filed in the matter on behalf of the second respondent. The learned counsel appearing for the petitioners were also ready to argue the writ petition finally. In the circumstances, the writ petition was heard.

(2.) Ext.P1 order by which the State Government have removed the Chairman of the Kerala State Branch of the Indian Red Cross Society (hereinafter referred to as 'the Society') and dissolved its Executive Committee and District Committees, is under challenge in this writ petition. Petitioners 1 and 2 are the Chairman and General Secretary, respectively of the Kerala State Branch of the Society and petitioners 3 to 6 are the Secretaries of four District Branches of the Society. As per Ext.P1, the Government have appointed the District Collector, Thiruvananthapuram as the administrator of the State Branch and the District Collectors concerned as administrators of the District Branches. The Government also ordered in Ext.P1 that the assets of the Society and its records shall be taken over by the administrators forthwith.

(3.) The Society was formed by virtue of the provisions contained in the Indian Red Cross Society Act, 1920 (hereinafter referred to as 'the Act'), with a view to continue the work carried on by the Indian Branch of the Joint War Committee of the Order of the St.John of Jerusalem in England and the British Red Cross Society. The President of India is the President of the Society. The case of the petitioners is that the State Government have nothing to do with the Society and as such, it cannot pass on order in the nature of Ext.P1 on any ground whatsoever.