ALAPPUZHA ANANDANARAYANAPURAM THURAVUR THIRUMALA Vs. SAJITH PAI

JUDGEMENT

(1.) The Alappuzha Anandanarayanapuram Thuravur Thirumala Devaswom is a Hindu Public Religious Trust. The administration of the above Devaswom is governed by the Scheme framed by the District Court, Alappuzha in O.S. No.8 of 1958.

(2.) This original petition is filed by an Election Commission, which was constituted by the General Body. In the process of election, certain nominations received by the Election Commission have been rejected. This resulted in such candidates approaching the District Court. The District Court originally allowed such challenge by a non-speaking order. This was challenged before this Court in an original petition at the instance of Election Commissioner and members of the Election Commission. This Court set aside the order with a direction to reconsider the matter including the maintainability. Thereafter, the Court below passed an elaborate order produced as Ext.P16 and found that rejection of nomination is erroneous and illegal. This order is challenged by the petitioners, the election commission, in this original petition.

(3.) It is to be noted that the challenge made by the candidates before the District Court is not by invoking any original jurisdiction of the Court, but based on the Scheme approved by the Court and in terms of the Scheme. That means, the Court retains the control in relation to the administration as well as election if so warranted. In that sense, it has to be understood that it was not an adjudication of normal nature and was an exercise of power that is referable to the Scheme. In that background, the question raised by the Election Commission has to be adverted.