GENERAL MANAGER (REGISTRAR), DISTRICT INDUSTRIES CENTRE, TRIVANDRUM Vs. THRIKKANNAPURAM KAITHARI NEITHU SAHAKARANA SANGAM

JUDGEMENT

(1.) Heard Mr. Ravindranath, Senior Government Pleader for appellant Mr. M. Ramchandran for respondent.

(2.) This Appeal has been filed against the order in C.M.P. No. 8593/99 in O.P. 2625/99. The learned single Judge on 1-3-1999 has passed the following order : Petition dismissed.

(3.) C.M.P. 8593/99 was filed to oxtend the time granted for conducting the election to the Managing Committee of the respondent society/petitioner in the 0. P. at least 30 days from 25-2-99. The learned Judge on hearing the parties passed the order in the above C.M.P. which has been extracted above. The appeal has been filed by the General Manager (Registrar, District Industries Centre). In so far as the direction given by the learned single Judge in permitting the existing managing committee to continue in office till the election is over, it is submitted that the said direction is against the two Division Bench judgments of this Court in W.A. 1287/92 and W.A. Nos. 626 and 633/99. The Division Bench comprising of M. J. Jangannadha Rao, C.J. as he then was and Mr. K. Sreedharan, J. in an identical matter set aside the direction issued by the learned single Judge in that case. In the result the direction given by the learned single Judge permitting the then existing Board to continue in management till the election is over and new Board of Directors assumed charged was set aside. Another Division Bench comprising of Mr. Om Prakash C.J. and J. B. Koshy, J. in W.A. Nos. 626 and 633/99 have also taken the same view. The submission made before the said Bench was that the permission granted by the learned single Judge to continue the existing committee till the new committee takes over charge is totally illegal and therefore the said order is liable to be interfered with. The Division Bench, after relying on the judgment reported in Board of Directors of Kottappady Vs. Joint Registrar, (1994) 2 Ker 795 held that the permission granted to the existing committee to continue after the expiry of its term till the new committee takes over charge is not sustainable.