SATHJITH Vs. SHAJU

JUDGEMENT

(1.) The petitioners, in this writ petition filed under Article 227 of the Constitution of India, are six members of the Paravoor Sreenarayana Vilasom Samajam, Kollam, which is the 4th respondent in this writ petition. The said Samajam is a charitable society registered under the provisions of the Travancore Cochin Literacy, Scientific and Charitable Societies Act, 1955. The petitioners, as members of the said Samajam, challenge Ext.P4 common order dated 6.5.2009 passed by the Vacation Judge, Kollam in charge of the Sub Judge, Kollam. Petitioners also seek a declaration that respondents 2 and 3 are statutorily prohibited from being appointed in the management and administration of an aided school by name S.N.V. Girls High School run by the said Samajam.

(2.) The Samajam referred to above is running the aforesaid aided Girls High School by name S.N.V. Girls High School and an auditorium by name S.N.V. Samajam Auditorium. The affairs of the said Samajam are being run as per a Scheme settled by the Sub Court, Kollam in O.S. No. 783 of 1994. The said Scheme suit was decreed by the Sub Court on 31.7.2002. As per the said Scheme, the Samajam is to be governed by a Managing Committee consisting of 21 members (vide Clause (9) of Ext.P1). The term of the Managing Committee is for 5 years from the date of assumption of office. In case the election to the Managing Committee is delayed beyond 5 years the existing committee can continue till the ensuing 31st of March before which date the election to the Managing Committee is to be completed and the duly elected Managing Committee should be entrusted with the administration of the Samajam. The day-to-day administration of the Samajam is vested in the Managing Committee( Vide Clause 9 of Ext.P1). The first election after the settlement of the scheme was held on 27.4.2003. The newly elected office bearers assumed charge on 23.5.2003. Election to the Manging Committee was to be conducted on or before 23.5.2008. But the election was actually conducted on 19.4.2009. There were altogether 42 candidates including respondents 2 and 3 who contested for the election. An objection was raised that respondents 2 and 3 cannot contest the election in view of the bar under Rule 8(2) of Chapter III of the Kerala Education Rules, 1959 ("the KER" for short). Sub rules(1) and (2) of Rule 8 of Chapter III KER read as follows:

(3.) The objection raised was that since the 2nd respondent who is working in the Industrial Training Department and the 3rd respondent who is a High School Assistant working in an aided school and receiving salary from the Government are both government servants they were ineligible to be the Manager or other officer bearers of the managing body of the school. Presumably because all disputes pertaining to election are to be settled by the court itself in view of Clause 23 of Ext.P1 Scheme, the petitioners who are six members of the Samajam filed I.A. No. 455 of 2009 before the Vacation Judge, Kollam for setting aside the election of the 21 members including respondents 2 and 3. Two other members filed I.A. No. 500 of 2009 for similar reliefs. I.A. No. 454 of 2009 was an interlocutory application filed by the petitioners for an interim order restraining the newly elected members from taking charge. Likewise, the two other members filed I.A. No. 501 of 2009 for a similar interim relief . As per Ext.P4 common order dated 6.5.2009, the learned Judge did not accede to the contention of the petitioners herein that Rule 8(2) of Chapter III KER contains an interdict rendering respondents 2 and 3 ineligible to be appointed as officer bearers of the Managing body of the School since as per Ext.P1 scheme the school does not have a managing body. However, the learned Judge prohibited respondents 2 and 3 herein from being elected as office bearers of the Managing Committee of the Samajam until the main applications were disposed off. According to the learned Counsel appearing for respondents 2 and 3, in deference to the pending dispute respondents 2 and 3 have not chosen to challenge that part of the order since the office bearers of the Manging Committee of the Samajam are yet to be elected.