SREE NARAYANA SAMSKARIKA SAMITHY Vs. STATE OF KERALA

JUDGEMENT

(1.) W.P.(C) No.29823 of 2016 was filed by Sree Narayana Samskarika Samithy, Kakkanad, Ernakulam, represented by its General Secretary, Rethish J.Babu as well as by the alleged Retuning Officer appointed for conducting the election of the office bearers of the said Samithy. In the Writ Petition it is stated that the first petitioner Samithy is a Society registered under the provisions of Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act and as per the bylaw of the Society, the office bearers of the Samithy shall be elected by the members of the Society. Tenure of the office bearers is two years. The State Committee decided to conduct the election of the office bearers of Kayamkulam unit on 11.9.2016. The formalities for conducting the election were allegedly completed. It is averred that a dissident group of the Samithy proposed to cause obstruction to the election conducted on 11.9.2016. Reference is also made to Exhibit P3 judgment in W.P.(C) No.8530 of 2012 where police protection was sought for conducting the election. W.P.(C) No.29823 of 2016 was filed on 6.9.2016 and it came up on 7.9.2016. An interim order was granted for police protection to conduct the election.

(2.) An application for impleading is filed by Sreenarayana Samskarika Samithy, Karthikappally Taluk Committee, represented by its President V.Chandradas to get the said Samithy to be impleaded as additional fourth respondent. We have allowed that petition. A counter affidavit is filed by the additional fourth respondent in which various allegations have been made against the Writ Petitioners. There is allegation of suppression of material facts in the Writ Petition. Reference is made to various litigations between the petitioners and the fourth respondent. It is also alleged that immediately after the alleged election conducted on 11.9.2016, a suit was filed by the Writ Petitioners before the Sub Court, Mavelikkara, as O.S.No.31 of 2016. It is also alleged in the counter affidavit that on 11.9.2016, the date of the alleged election, the Writ Petitioners and others broke open the lock of the building and forcibly entered into the building and they conducted a farce of an election. There was no proper election, according to the fourth respondent. It is also stated that Crime No.2530 of 2016 was registered at Kayamkulam Police Station against the confidants of the Writ Petitioners for the offences under Sections 447, 427, 149, 143 and 147 I.P.C. The fourth respondent submitted that the petitioners should not have filed W.P.(C) No.29823 of 2016 for the reliefs claimed therein without disclosing the true facts. It is also alleged that the interim order for police protection granted by this Court was misused by the Writ Petitioners in the civil suit to support their contentions and also before the police for causing hindrance to the activities of the fourth respondent.

(3.) W.P.(C) No.30813 of 2016 was filed by D.Binu, who claims to have been elected in the election allegedly held on 11.9.2016 against the fourth respondent V.Chandradas, for getting adequate police protection for the smooth functioning of Sreenarayana Samskarika Samithy, Kayamkulam unit without any obstruction or hindrance from the fourth respondent Chandradas and others.