JOSEPH KATTATHARA Vs. RAMACHANDRAN NADUVILE VEETTIL

JUDGEMENT

(1.) Heard Sri.George Poonthottam, the learned Senior Counsel appearing for the appellant. Also heard Sri.M.Sasindran, the learned counsel appearing for the respondent/Writ Petitioner. The learned counsel Sri.R.K.Muralidharan appears for the additional 5th respondent.

(2.) This matter pertains to the Vellakkad Muhammed Abdul Rahiman Memorial Educational Society (hereinafter referred to as 'the Society'). Claiming to be a member of the Society, one Sri.Ramachandran Naduvile Veettil filed the Writ Petition No.23993 of 2018 seeking direction for the conduct of election to the Managing Committee of the Society, in accordance with the applicable bye laws. The Society itself was arrayed as the third respondent in the proceeding. Purporting to represent the Society, the former Secretary Sri.Sunil Kumar.K.K. (arrayed here as the additional 5 th respondent) filed an affidavit before the Writ Court on behalf of respondent No.3. In the affidavit, he referred to the pending Suit i.e., O.S.11 of 2018, before the Munsiff Court, Payyannur, where one A.P.Sathar had sought mandatory injunction to direct the defendants to conduct the general body meeting of the Society for election of a new governing body. It was also averred by Sri.Sunil Kumar.K.K. that an incorrect picture is given in the counter affidavit filed by the defendants 1 and 2 in the Suit to the effect that an election was actually held for the Society on 20.2.2018 where 106 members had participated and the present appellant Sri.Joseph Kattathara was elected as the President of the Society.

(3.) On the basis of such projection from the person who claimed himself to be the Secretary of the Society, the learned Judge permitted the third respondent to file an application before the Munsiff Court, Payyannur so that necessary order for conduct of election to the Society can be obtained, in the pending O.S.11 of 2018.