RAJEEV Vs. KERALA FILM PRODUCERS ASSOCIATION

JUDGEMENT

(1.) This original petition is filed challenging the order in C.M.A.No.16/2016 on the files of the II nd Addl. District Court, Ernakulam. The said C.M.A was filed against the order in I.A.No.10760/2015 in O.S.No.1500/2015 on the file of the II Add. Munsiff's Court, Ernakulam.

(2.) The facts of the case are as follows : The election of Kerala Film Producers Association to its executive committee is to be held in the month of December, 2015/January 2016. Petitioners herein got a grievance that there is a chance for multiple voting by a single individual and it is illegal and unsustainable. Thus a suit was filed before the Munsiff's Court, Ernakulam with a prayer to declare that an individual regular member of the first respondent association is entitled to one vote in the election irrespective of the fact that the said individual member have more than one membership in the 1st defendant Association in different names of Production Houses in the capacity as Proprietor/Partner/Director of Production banners. There is also a prayer to issue a mandatory injunction directing the first defendant Association to conduct election to the various posts of office bearers of the 1st defendant Association strictly adhering to one vote by one individual to the election to be held in December, 2015 or January, 2016 and all further elections to be held in the General Body of the 1 st defendant Association. There a further prayer for a decree of permanent prohibitory injunction restraining the 1st defendant from conducting election to the Executive Committee and office bearers of the 1st defendant Association by resorting to multiple voting for one regular member. Pending consideration of the said suit, the petitioners herein filed an interlocutory application as I.A.No.10760/2015 in O.S.No.1500/2015 wherein also on the very same line interim reliefs were sought.

(3.) After hearing the parties, the petition was allowed and a temporary injunction was passed restraining 1st respondent association or its men or agents or anybody claiming under them from preparing the voters list and conducting election to the executive committee and office bearers of the 1st respondent association by resorting to multiple voting by one regular member till the disposal of the suit. The said order was challenged by the respondents herein by filing C.M.A.No.16/2016. Therein, the impugned order of the Munsiff's Court was set aside. The court held in paragraph 16 as follows before setting aside the said injunction order :