KANHIKAVU KUNHIKRISHNAN S/O IMBICHAN Vs. ASHARAF S/O POKKER HAJI
HIGH COURT OF KERALA
Kanhikavu Kunhikrishnan S/O Imbichan
Asharaf S/O Pokker Haji
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A.Hariprasad, J. -
(1.) Subject matter of dispute in these cases is the right to administer Ulliyeri Secondary School (in short, "the School"). Admittedly, a society registered under the Societies Registration Act, 1860 (for short, "the Act") by name 'Ulliyeri Secondary School Committee' (in short, "the Committee") is administering the School. Ext.P1 in W.P.(C) No.14281 of 2017 is copy of the memorandum and bye-law governing the society. In respect of administration of the school, there are two suits pending before the Court of Munsiff, Koyilandy. O.S.No.6 of 2017 is the suit filed by the 1 st petitioner in W.P.(C) No.14281 of 2017. Petitioner in O.P.(C) No.1564 of 2017 has filed O.S.No.68 of 2010 and both the suits are now pending.
(2.) Plaint in O.S.No.6 of 2017 is produced as Ext.P1 in O.P.(C) Nos.1564 and 1598 of 2017. It shows that the 1 st petitioner in W.P.(C) No.14281 of 2017 filed the suit (O.S.No.6 of 2017) against the Committee and two others seeking a prohibitory injunction restraining them from adjourning a general body meeting of the society scheduled to be held on 14.01.2017 and also to restrain them from acting against the bye-law. It is further prayed that an advocate commissioner be deputed to conduct the election in accordance with the bye-law of the society. Along with the suit, an application for temporary mandatory injunction was also filed as I.A.No.45 of 2017 (Ext.P2). Another application, I.A.No.46 of 2017 (Ext.P3) was filed by the plaintiff in the suit for a temporary prohibitory injunction restraining the defendants from adjourning the meeting which was scheduled to 14.01.2017. Yet another application as I.A.No.47 of 2017 (Ext.P4) was filed to appoint a competent advocate commissioner for overseeing the election. All these applications were considered by the learned trial Judge and disposed by a common order dated 13.01.2017, which is produced as Ext.P3 in O.P.(C) No.1564 of 2017 and W.P.(C) No.14282 of 2017 (same as Ext.P5 in O.P.(C) No.1598 of 2017).
(3.) Court below after considering the rival contentions disposed of the petitions with the following observations:
"In the result, all the above three petitions are allowed as follows:
(1) Respondents are directed to conduct election on 14-1-2017 in accordance with Ext.A2 byelaw and Ext.A4 minutes dated 10-9-2013.
(2) An advocate commissioner Sri.T.Hareeshkumar is appointed to supervise the election procedure.
(3) Commissioner shall give necessary direction as and when dispute arises and ensure the fair election.
(4) The result of the election shall be subject to the final decision of the suit.
(5) Petitioner/Plaintiff shall pay batta Rs. 2500/- directly to the commissioner.
(6) Commissioner shall file report after election.
(7) Under the circumstances no order as to costs.";
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