{iohnZym{]Imin\n k`bnse saw_ÀamêsS Adnhnte¡mbv am{Xw hme¯d æamc³ cmtP{µ³ hnXcWw sN¿p¶Xv.

CXnsâ t^mt«m tIm¸nItfm, `mK§tfm {]kn²oIcnç¶hÀ kz´w D¯chmZ¯n Bbncnçw.

CXv ]ckyambn {]ZÀin¸nçhm³ ]mSnÃm¯Xmæì.
{- iohnZym{]Imin\n k`síXnsc hme¯d æamc³ cmtP{µ³ _lpam\s¸« tIcf sslt¡mSXnbn kaÀ¸n¨
dn«v lÀPnbpsS aebmf ]cn`mj.
-
BEFORE THE HONOURABLE HIGH COURT OF KERALA, ERNAKULAM

(Special Original Jurisdiction)

W.P. (C) No. of 2011

Between

V.K.Rajendran, Valathara House, Kudilimukku, Petitioner

DSC Quarters , Kochi-682021, Kerala

And
1. State of Kerala ,Represented by Chief Secretary,
Secretariat, Thiruvananthapuram.

2. District Registrar (General)/Registrar of Societies, Respondents

Office of the District Registrar, Thrissur.

3. Sree Vidyaprakasini Sabha,

Reg. No. 7/1120, Elthuruth P.O, Kodungallur, Thrissur-680664
Represented by its Secretary
WRIT PETITION (CIVIL) FILED UNDER ARICLE 226 OF THE CONSTITUTION OF INDIA

Address for the Petitioner is that of his counsels Benoy K. Kadavan & Dominic Johnson , Advocates, 4th floor, I S Press Building, Banerjee Road, Kochi-18., All notices and
Processes upon the respondent may be served on their above shown address or on their counsel, if any engaged. Petitioners above named beg leave to submit as follows:-

Statement of Facts.

1. Petitioner is a Group A Gazetted Officer with Ministry of Defence, DRDO (NPOL), Kochi-21, Petitioner is also a member of the 3rd respondent Society, registered under
the Travancore-Cochin literary, Scientific and Charitable Societies Registration Act,1956 (herein after referred to as ‘the act’ ). The society was formed in the year 1912 with
an objective to conduct daily pujas and festivals in the Sreekumara Subramanian Temple Elthuruth. The objectives also provided for the betterment of Education, religion,
Charity, health of the members belonging to Ezhava community. The majority of the members are poor and uneducated.

]cmXn¡mc³ cmPyc£ma{´meb¯n {Kq¸v A KkäUv Hm^okdmbn tPmen sN¿p¶bmfpw, aq¶mw {]Xnk`bnse

saw_dpw Bæì. (k` XnêhnXmwIqÀ þ sIm¨n kmlnXy, imkv{Xob, [mÀ½nI kwL§Ä cPn{Ìm¡Â \nbaw 1956
{]Imcw {]hÀ¯nç¶ kwLamæì). k` 1912  cq]wsIm­Xpw, CXnsâ Dt±i§Ä, {ioæamckp{_ÒWy³
tImhnense \nXy]qPIfpw, DÕh§fpw \S¯mëw, P\§fpsS CSbn hnZym`ymkw, aXw, [À½w, BtcmKyw
F¶nhsb ]cnt]mjn¸nçhmëw DÅXmæì. k`bnse `qcn`mKw AwK§fpw \nÀ[\êw, hnZym`ymk]cambn
]nt¶m¡w \nÂç¶hêamWv.
2. The present Governing Body of the 3rd respondent society was elected on the General body Meeting held on 30.03.2008. The president and Secretary were elected from
the Governing Body. The president and Secretary are brothers in law. As per Sec.7 of the Act and clause 22(4) of the Original Memorandum and Articles of association of the
Society, the period of the Governing Body is only one year and it expired on March,2009. An extract of the memorandum and articles of association showing clause 22(4) is
produced herewith and marked as Exhibit P1. The present Governing Body is still continuing even after a period of around 3 years. Such an action of the Governing Body are
absolutely illegal. On questioning the authority , by virtue of which they have been continuing as Governing Body, they say that, as per Clause 21(1) (A) of the Memorandum
Of Association and Articles of Association of the society brought in by the amendment made in 18.2.2007, the period of Governing Body of the Society is 3 years. A copy of
the said clause in the amended Memorandum and articles of association is produced herewith and marked as Exhibit P2.

k`bnse Ct¸mgpÅ `cWkanXnsb 30.3.2008  \S¶ s]mXptbmK¯n XncsªSp¯XmWv. {]knUâns\bpw,

sk{I«dnsbbpw `cWkanXnbn \nìw XncsªSp¯n«pÅXmWv. {]knUâpw, sk{I«dnbpw, Afnb·mcmWv. taÂ
\nbaw skIvj³ 7 {]Imchpw, k`bpsS AÊÂ \nbamhenbnse 22(4) {]Imchpw, Hê `cWkanXnbpsS Imemh[n Hê
hÀjw am{XamsWìw AXv 2009 amÀ¨n ImelcWs¸«XpamWv. k`bpsS AÊ \nbamhenbpsS {]kà`mK§Ä
CtXmsSm¸w {]ZÀin¸n¨ncnçì. k`bnse Ct¸mgpÅ `cWkanXn Ignª aqìhÀjt¯mfambn A[nImc¯nÂ
XpSêIbmWv. C¯c¯nepÅ `cWkanXnbpsS {]hÀ¯nIÄ \nbahnê²amæì. CXns\çdn¨v `cWkanXntbmSv
tNmZn¨t¸mÄ, `mKw 21(1) (A) {]Imcw 18.2.2007  tNÀ¶ s]mXptbmK¯n \nbamhen t`ZKXn sNbvXv
aqìhÀjam¡nsb¶mWv `cWkanXn¡mÀ Adnbn¨Xv. \nbamhen t`ZKXn sNbvXXnsâ {]kà`mK§Ä
CXnt\msSm¸w c­mw \¼dmbn {]ZÀin¸n¨ncnçì.
3. It is submitted that, the 3rd respondent Society has amended the provision in violation of the Statute. Sec. 7 of the Act, mandates that, the Governing Body must be elected
in all Annual General Meetings. The petitioner filed a query under The Right to Information act,2005, before the 2nd Respondent Registrar, and the Registrar had explicitly
stated that, the amendment made in the Byelaws increasing the term of Governing Body to 3 years is illegal as it is against the Sec. 7 of the Act. A true copy of the
communication given by the 2nd Respondent is produced herewith and marked as Exhibit P3. More over, in order to hide the illegality, the 3rd respondent society has not
submitted the copies of the amendment before the 2nd Respondent as required by Sec.22 of the Act. The query made under the Right to Information Act, made before the
First respondent is produced herewith and marked as Exhibit P4 and the answer given by the 2nd Respondent is produced herewith and marked as Exhibit P5. In Exhibit
P3, the Registrar Explicitly states that, no documents have been filed by the 3rd respondent society since 30.08.2006. Thus the last documents submitted before the Registrar
was the annual accounts for the year 2004-2005. At this juncture it, need to be stated that, as the society has not filed the amendment with the first respondent registrar, the
amendment has not come into force. Thus the present Governing Body has no authority to remain in power as the period for the Governing Body stipulated in the Act and the
Original Memorandum and Articles of Association have expired.

{]Xn k` \nbamhen t`ZKXn sNbvXXneqsS BÎnsâ Ggmw hæ¸nsâ ewL\w \S¯nbncnçì., \nba{]Imcw, FÃm
hmÀjnI s]mXptbmK¯nepw `cWkanXnsb XncsªSpt¡­Xp­v. ]cmXn¡mc³ hnhcmhImi\nba{]Imcw
PnÃmcPn{Ìmdn \nìw e`n¨ I¯nÂ, `cWkanXnbpsS Imemh[n aqìhÀjam¡n t`ZKXn sNbvXn«ps­¦n AXv
\nba¯nse Ggmw hæ¸nsâ ewL\amsW¶v cPn{ÌmÀ hyàambn ]dªncnçì. cPn{Ìmdn \nìw e`n¨ I¯nsâ
tIm¸n CXn aq¶mas¯ sXfnhmbn {]ZÀin¸n¨ncnçì. CXnt\¡mfp]cn, Cu {Iat¡Sv ad¨phím\mbn, k`bnÂ
\nìw t`ZKXn sNbvX \nbamhen cPn{ÌmdpsS Hm^okn kaÀ¸n¡s¸«n«nÃ. CXv \nba¯nse skIvj³ 22 {]Imcw
sNbvXncnt¡­XmWv. hnhcmhImi\nba {]Imcw e`n¨ cPn{ÌmdpsS I¯n \nìw, 30.8.2006 ë tijw k`bn \nìw
Hê tcJIfpw kaÀ¸n¨n«nà F¶v hyàambn ImWn¨ncnçì. 2004þ05 se s]mXptbmK¯nsâ tcJIfmWv
Ahkm\ambn PnÃmcPn{ÌmdpsS Hm^okn kaÀ¸n¡s¸«n«pÅXv. CXn \nìw, t`ZKXn sNbvX \nbamhenbpw
cPn{ÌmdpsS Hm^okn kaÀ¸n¨n«nsÃìw, BbXn\m Cu t`ZKXn¡v \nbakm[pXbnÃ. BbXn\m Ct¸mgs¯
`cWkanXn¡v `cW¯n XpScm³ AhImiansÃìw, `cWkanXn, \nbas¯ sXämbv hymJym\n¨v AÊ \nbamhen
ImelcWs¸«Xmbpw IêXpì.
4. It is submitted that, Ext.P3 information given By the second Respondent registrar reveals the indifference shown by the Governing Body towards the law of the land. Under
Sec.13(4) of the Act, the society is bound to file, a copy of the balance sheet with the first respondent Registrar , after the balance sheet and income and expenditure account
have been laid before the society at the general meeting. As per Ext. P(3), the 3rd respondent society has not filed the balance sheet since for the year 2004-2005. More
over, As per Sec. 7(3) of the Act, a list of the Governing body of the society shall be filed with the 2nd Respondent registrar after the annual general body meeting. But no
such documents were filed before the 2nd Respondent registrar so far. Thus the present Governing Body are running the society without complying any provisions of law.

PnÃmcPn{Ìmdn \nìw e`n¨ I¯nÂ, \nba¯nse skIvj³ 13(4) s]mXptbmK¯n IWçIÄ t_m[n¸n¨ tijw
hmÀjnI _m¡n]{Xhpw, ]pXnb `cWkanXn AwK§fpsS hnhchpw PnÃmcPn{ÌÀ Hm^okn kaÀ¸nt¡­XmWv.
A{]Imcw k`bn \nìw CtXhsc PnÃmcPn{ÌmÀ ap³]msI kaÀ¸n¨n«nÃ. BbXn\m Ct¸mgpÅ `cWkanXn
\nbahnê²ambmWv {]hÀ¯nç¶Xv.
5. The Petitioner gave a complaint to the second Respondent showing the illegality committed by the present Governing Body in continuing their position after the statutory
period of 1 year without any approval of the general Body of the 3rd respondent society. It was also requested to take measures to elect new Governing Body as required by
the act. A true copy of the complaint dated 26.10.2009 is produced herewith and marked as Exhibit P6. Based on Ext. P4, The 2nd Respondent by a letter dated 14.12.2009
sought explanation from the 3rd respondent within 7 days. A true copy of the said communication is produced herewith and marked as Exhibit P7. But in spite of the said
communication, the 3rd respondent society did not file explanation to the Exhibit P5 letter. More over they continued their indifference towards the authorities created under
the act and the Act itself.

\nba{]ImcapÅ Imemh[nbmb HêhÀjw Ignªn«pw s]mXptbmKXoêam\anÃmsX Cu `cWkanXn A[nImc¯nÂ

XpSê¶Xn\mÂ, ]cmXn¡mc³ PnÃmcPn{ÌmÀ¡v ]cmXns¸SpIbp­mbn. \nba{]Imcw ]pXnb `cWkanXnsb
XncsªSpçhm³ IqSn B ]cmXnbneqsS Bhiys¸«nêì. B I¯nsâ ASnØm\¯n 14.12.2009  Hcmgv¨¡Iw
adp]Sn ]dbm³ cPn{ÌmÀ k`tbmSv \nÀt±in¨nêì. ]t£ k` B I¯n\v adp]SnsImSp¡msX A[nImcnIsf
AhKWn¨v `cW¯n XpSêIbmé­mbXv.
6. The Governing Body of the 3rd respondent society in 2007 purchased 17.600 cents of land in Kodungallur . The Governing Body made to believe the general body that
total cost for the purchase is 1 crore 30 Thousand.. On the ground it withdrew equivalent amount of deposits it had with Kodungallur Co-operative Bank and other banks. .
The Petitioner filed a request under the Right to Information Act,2005 for getting the details of the said purchase made by the 3rd respondent Society. The application filed by
the petitioner and the reply given by the sub registrar, Kodungallur are produced herewith and marked as Exhibit P8 and Exhibit P9 respectively. As per the information
received from the sub registrar, Total expenses incurred for the purchase is Rs. 23,85,000/- including the stamp value. As the petitioner raised this issue before the Governing
Body, In order to adjust the amount, they are getting signatures of the poor and uneducated members on blank papers, as they came to collect 10Kg of Rice distributed
during onam season, as if to show that, these people were given interest free loans. At this juncture, it needs to be stated that no interest free loans have been distributed and
the poor people’s money has been siphoned off without their knowledge. As the petitioner questioned the reason for the withdrawal of such a huge amount for the purchase
of property, the Governing Body took it as a threat to them and tried to suspend the petitioner from the society At this juncture, the Petitioner was compelled to file a suit O.S.
No.925/2009 restraining them from suspending the Petitioner and the court was pleased to grant an interim order restraining the 3rd respondent from suspending the
membership of the Petitioner till disposal of the suit.

k`bnse Cu `cWkanXn 2007  sImSp§Ãqcn k`ípth­n, 17.6000 skâv hkvXp hm§pIbp­mbn. HêtImSn,
ap¸Xn\mbncw cq]bmWv hkvXphnsâ CS]mSn\mbn NnehmbsX¶v, s]mXptbmK¯ns\ [cn¸n¨Xv.. Cu kµÀ`¯nÂ,
CtX XpIípÅ k`bpsS _m¦nse \nt£]§Ä sImSp§ÃqÀ klIcW _m¦n \nìw, aäp _mèIfn \nìw Cu
`cWkanXn¡mÀ ]n³hençIbmé­mbXv. sImSp§ÃqÀ k_vþcPn{ÌmÀ Hm^okn \nìw ]cmXn¡mc\v
hnhcmhImi\nba{]Imcw e`n¨ I¯nÂ, ap{Z]{X NnehpIfS¡w hkvXphnsâ hne 23,85,000 ( Cê]¯naqì e£¯n,
F¬]¯¿mbncw cq] ) am{XamsWìw Adnbphm³ Ignªp. CXns\çdn¨v ]cmXn¡mc³ tNmZyw D¶bn¨Xnë
tijw, IWçicnbmç¶Xnë th­n, ]mhs¸«hêw, hnZym`ymkw ædªhêamb AwK§fn \nìw AhÀ
HmW¯n\v k`bn \nìw hnXcWw sN¿p¶ 10 Intem Acn hm§phm³ h¶t¸mÄ, Ahcn \nìw, shÅISemknÂ
H¸phm§pIbpw, ]n¶oSXv ]eniclnX hmbv] kzoIcn¨ tcJbm¡n amäpIbpw sNbvXp. k`bpsS C{Xbpw `oaamb XpI
hkvXp hm§m³ ]n³hen¨Xns\çdn¨v ]cmXn¡mc³ tNmZn¨t¸mÄ, `cWkanXn AsXmê `ojWnbmbv FSpçIbpw,
]cmXn¡mcs\ saw_À Øm\¯p\nìw amäm³ Xoêam\nçIbpw sNbvXp. Cu kµÀ`¯n ]cmXn¡mc³ CXns\Xnsc
tIkpsImSpçIbpw, tImSXn CS¡me D¯chv AëhZn¨XneqsS tIkp Xoê¶Xphsc ]cmXn¡mcs\ saw_À
Øm\¯p\nìw amäêsXìw D¯chp­mbn.

7.The majority members of the society are uneducated and Poor people. The president and Secretary are brothers in law. They are manipulating the figures and trying to
embezzle the amount . The 3rd respondent society is conducting a kuris with a branch a Faridabad Branch. . They also are accepting ‘Thalam deposits’ without any
permission as required by the Reserve Bank of India. More over, the society has not filed any returns before the Income Tax authorities. The Petitioner filed an application
before the Income Tax authorities regarding the filing of any income tax returns by the 3rd respondent. The true copies of the application and the communication given by the
Income tax authorities are produced herewith and marked as Exhibit P10 and Exhibit P11. The society also has not filed any balance sheet or income and expenditure
statement before the 2nd Respondent. Thus the 3rd respondent society is being conducted in violation of the provisions of the law.

k`bnse saw_Àamcn `qcn`mKhpw ]mhs¸«hêw, hnZy`ymkw ædªhêamWv. {]knUâpw, sk{I«dnbpw

Afnb·mcmWv. ChÀ IWçIfn Xncnadn\S¯n XpI X«nsbSp¡m³ {iançì. k` ^coZm_mZn \nìw ædnIÄ
\S¯pì. `mcXob dnkÀhv _m¦nsâ AëhmZanÃmsX Xfw Ut¸mknäpIÄ kzoIcnçì. CXns\Ãmap]cnbmbn, C³Iw
SmIvkv dnt«éIÄ IrXyambn kaÀ¸nç¶nÃ. hnhcmhImi\nba{]Imcw {XnÈqÀ C³Iw SmIvkv Hm^okn \nìw
]cmXn¡mc\v e`n¨ I¯pIÄ ChnsS {]ZÀin¸n¨ncnçì. k` hchp Nnehp IWçIfpsS hmÀjnI _m¡n ]{Xhpw
PnÃmcPn{ÌmÀ Hm^okn kaÀ¸n¡mdnÃ. BbXn\m k` \nbaw ewLn¨v {]h¯nçì.
8. As the 2nd Respondent was not taking any action on Ext. P4, the petitioner was constrained to make a complaint before the District Collector, narrating the above said
fraud and illegality being perpetrated by the 3rd respondent a true copy of which is produced herewith and marked as Exhibit P12 . The district Collector was pleased to refer
the matter to the 2nd Respondent Registrar. The 2nd Respondent Registrar has issued a show cause notice to the 3rd respondent as to why no action should be taken
against them . A true copy of the show cause notice is produced herewith and marked as Exhibit P 13. In the mean while the 3rd respondent approached the high Court with
a writ Petition W. P.(c) No.18158 of 2010 seeking a declaration to the effect that , the fixing of tenure of 3 years for the Governing Body is in order.

PnÃmcPn{ÌmÀ k`síXnsc \nba\S]SnIÄ ssIs¡mÅm¯ Ahkc¯nÂ, ]cmXn¡mc³ _lpam\s¸« PnÃm IfÎÀ

ap³]msI k` \nbahnê²ambn {]hÀ¯nçìsh¶v ImWn¨v I¯bçIbp­mbn. PnÃm IfÎÀ Cu Imcyw PnÃm
cPn{ÌmÀ¡v \S]SnsbSp¡m³ Bhiys¸«v Ab¨psImSpçIbpw, PnÃm cPn{ÌmÀ Hê ImcWw ImWn¡Â t\m«okv
k`bnteív AbçIbpw, k`síXnsc \S]SnsbSp¡mXncn¡m³ hà ImcW§Ä Ds­¦n t_m[n¸nçhmëw
Bhiys¸«nêì. CXn\nSív, k` ssls¡mSXnbn dn«v lÀPn kaÀ¸nçIbpw, `cWkanXnbpsS Imemh[n
aqìhÀjam¡nb \S]Sn icnbmsWì Øm]nçhmëw Bhiys¸«p.
9. It is submitted that, there are more than 900 members in the society. Majority of the members are poor and uneducated. The President and secretary of the society are
brothers in law.The present Governing Body are continuing their position in spite of the expiry of the period and without the permission of the general body as mandated by
the act.More over, The society is bound to file the balance sheet and income and expenditure account before the 2nd Respondent since the year 2006. The society has not
even cared to file the copy of the amendment before the 2nd Respondent so as to hide the illegality involved in increasing the term to 3 years. More over the Governing Body
has siphoned of More than a crore on the ground of purchase of property. Hence the petitioner has filed a representation dated 17.05.2010 before the 2nd Respondent to
make an enquiry into the affairs of the 3rd respondent Society A true copy of which is produced herewith and marked as Exhibit P14. But no action has been taken so far on
the representation. Petitioner has brought all the illegalities being perpetrated by the Governing Body of the Second Respondent. But the 2nd Respondent is not taking any
action. Petitioner has filed a detailed representation before the Chief Secretary , showing all the details of illegalities being perpetrated by the present Governing Body. A true
copy of the representation is being produced herewith and marked as Exhibit P15. But no action has been taken so far.

k`bn Ct¸mÄ sXmÅmbnc¯ne[nIw saw_ÀamÀ D­v. `qcn`mKw saw_Àamêw ]mhs¸«hêw, hnZym`ymkw

ædªhêamWv. {]knUâpw sk{I«dnbpw Afnb·mcmWv. BÎn ]dªncnç¶ {]Imcw `cWkanXnbpsS Imemh[n
Ignªn«pw ChÀ `cW¯n XpSêì. AXnëap]cnbmbn, 2006 ë tijw Hê hmÀjnItcJIfpw PnÃm cPn{ÌmdpsS
Hm^okn kaÀ¸n¡s¸«n«nÃ. `cWkanXnbpsS Imemh[n, aqìhÀjam¡nbXnsâ A]mIXIÄ a\]qÀhw
ad¨p]nSnçhm\mbn, t`ZKXn sNbvX \nbamhen cPn{ÌmdpsS Hm^okn kaÀ¸n¨n«nÃ. CXnt\¡mfp]cn, Cu
`cWkanXn, HêtImSnbn ]cw cq] hkvXp hm§nbXnsâ adhnÂ, DuänsbSp¯ncnçì. CsXÃmw ImcWw, k`bnse
CS]mSpIsfçdn¨v At\zjnçhm\mbn, ]cmXn¡mc³ PnÃmcPn{ÌmÀ ka£w ]cmXn kaÀ¸n¨ncnçì. ]t£
\mfnXphscbmbn«pw, ]cmXn¡v Hê ]cnlmchpambn«nÃ. ]cmXn¡mc³ Cu `cWkanXn \S¯p¶ FÃm
{Iat¡SpIsfçdn¨v, PnÃmcPn{Ìmsd Adnbn¨n«pw, PnÃm cPn{ÌmÀ Hê \S]Snbpw FSp¯n«nÃ.
10. Petitioner is a member of the society and is really interested in the well being of the society. As stated earlier, the members of the society are poor and uneducated.and
marginalized. The present Governing Body are politically and economically powerful . On questioning the illegality, they threaten the members that, their signatures obtained
on the blank papers will be utilized against them. The attempt of the Governing Body is to siphon off an amount of Rs.1 crore on the ground of purchase of property. They are
continuing in power without any authority under the act. They know that, as they have got their blank signatures of the majority of the members, the petitioners will not be able
to gather 10% of the members to approach the district court for the removal of the present Governing Body.

]cmXn¡mc³ k`bnse saw_dpw, k`bpsS \à \S¯n¸n\mbn B{Klnç¶bmfpamWv. t\cs¯ {]Ømhn¨Xpt]mse,

k`bnse AwK§Ä ]mhs¸«hêw, hnZym`ymkw ædªhêamWv. Ct¸mgs¯ `cWkanXn, cmãob]cambpw,
km¼¯nI]cambpw iànbpÅhcmWv. Ct¸mgpÅ \nbahnê²amb {]hÀ¯\§sfçdn¨v tNmZn¨t¸mÄ, saw_ÀamÀ
H¸n«psImSp¯ shÅISemkpIÄ D]tbmKn¨v `cWkanXn saw_Àamsc `ojWns¸Sp¯pIbmWv. hkvXp
hm§nbXnsâ adhnÂ, HêtImSntbmfw cq] DuänsbSpçhm³ th­nbpÅ {ia§fmWnsXÃmw. \nba¯nsâ
_eanÃmsX Ct¸mgpw ChÀ A[nImc¯n XpSêì. saw_Àamcn \nìw shÅISemkn H¸p tiJcn¨n«pÅXn\mÂ
Cu `cWkanXnsb ]pd¯mç¶Xnteív, ]cmXn¡mc\v PnÃm tImSXnsb kao]nçhm\mbn k`bnse ]¯p iXam\w
t]êsS klIcWw t]mepwIn«m¯ AhØbnemWv.
11. Petitioner is very much aggrieved of the above situation. Left without any other remedy of an efficacious and speedy nature, than to approach this honourable Court,
Petitioners files this Writ Petition under Article 226 of the Constitution of India seeking reliefs on the following among other

Cu kµÀ`¯n ]cmXn¡mc³ hfsctbsd hnjanç¶Xn\mÂ, s]«ìÅ ]cnlmc¯n\mbn _lpam\s¸«

tImSXnbÃmsX thsd hgnbnÃm¯Xn\mepw, Xmsg sImSp¯ncnç¶ Imcy§Ä¡v Bizmkap­mçhm³
At]£nçì.
GROUNDS

A. The Governing Body of the 3rd respondent society has no authority to remain in power as the period prescribed in the statute for the Governing Body is only one year. As
they have taken charge on 30.03.2008, their term is over by the end of February, 2009. Sec. 7 of the act specifically mandates that, the Governing Body has to be elected in
all annual general body meetings. More over the 2nd Respondent Registrar itself has stated in Ext. P1. that, Governing Body cannot continue in power unless approved by
the General Body Meetings. As this matter was brought before the 2nd Respondent Registrar, he was bound to remove the Governing Body as they were continuing their
positions against the statute.

2008 amÀ¨n Cu `cWkanXnbpsS Imemh[nbmb Hê hÀjw IgnªXn\m Cu `cWkanXn¡v \nbaw

Aëimknç¶ coXnbnÂ, `cW¯n XpSêhm³ AhImianÃm¯XWv. ChêsS Imemh[n amÀ¨v 2009 Â
Ignªn«pÅXmWvv. BÎnse hæ¸v 7 {]Imcw ]pXnb `cWkanXnsb FÃm hmÀjnI s]mXptbmK¯nepw
XncsªSpt¡­XmWv. FÃm hÀjhpw, s]mXptbmK¯nsâ Xoêam\anÃmsX, `cW¯n XpSêhm³
]mSnÃm¯XmsW¶v cPn{ÌmdpsS I¯n ]dbpì.
B. The Governing Body are trying to justify their authority on the basis of the amendment brought in the Memorandum and Articles of Association increasing the period of
Governing Body to 3 years. It is submitted that, such an amendment is illegal as it is against Sec.7 of the Act. Sec.7 of the Act specifically provides that, the election to the
governing body must be held in all annual general body meetings. Any amendment in the Memorandum and Articles of Association against the statute is per se illegal and
lack any applicability to the governance of the Society. The continuation as Governing Body on the basis of amendment is not maintainable . Hence the Governing Body are
bound to be removed by the First Respondent as they are holding the power without any legal sanctity.

\nbamhen t`ZKXnsNbvXv `cWkanXnbpsS Imemh[n aqìhÀjam¡nb \S]Snsb \ymboIcn¡m\mWv Cu

`cWkanXn {ianç¶Xv. CXv BÎnse hæ¸v 7- sâ ewL\amWv. hæ¸v 7 {]tXyIambn ]dbp¶Xv,
`cWkanXnbnteípÅ XncsªSp¸v hmÀjnI s]mXptbmK¯n h¨v \S¯Wsa¶mWv. BÎns\Xncmbn \nbamhen
t`ZKXnsN¿phm³ Hê `cWkanXnçw A[nImcanÃ. \nbamhen BÎns\Xncmbn t`ZKXn \S¯n `cW¯n XpSê¶Xv
AëhZn¡m\mhnÃ. BbXn\m \nba hnê²ambn XpSê¶ Cu `cWkanXnsb H¶mw {]Xnbmb tIcf kÀ¡mÀ
CSs]«v \o¡w sN¿Ww.
C. It is also submitted that, apart from the illegality in the amendment, the Governing Body did not file a copy of the said amendment was not produced before the registrar in
compliance of Sec. .22 of the Act. It appears that, such non compliance of Sec.22 of the Act was done in order to hide the said amendment, as it is an explicit violation of the
st
Act. If such a copy was filed, the 1 t respondent could have found out and asked them to remove it. In order to retain in power they, willfully acted against the act. More over,
as the said document was not filed before the registrar, that amendment cannot be said to come in force. Thus the Present Governing Body has no authority in Power. As the
illegality was brought before the 2nd Respondent Registrar, he should have directed them to vacate the office. The 2nd Respondent is acting in lackadaisical manner,
enabling the Governing Body to perpetrate the illegality while remaining in Power.

\nbamhen t`ZKXnbnse \|\XIÄ¡¸pdw, BÎnse hæ¸v 22 {]Imcw \nbamhenbpsS tIm¸n cPn{ÌmÀ ap³]msI
kaÀ¸n¡s¸«n«nÃ. CsXÃmw \nbamhenbnse A]mIXIÄ ]pd¯phcmXncnçhm³ th­nbmWv. Cu \nbamhen
t`ZKXn cPn{ÌmÀ¡v kaÀ¸n¨nêìsh¦nÂ, At±lw AXnse ]nghpIÄ Is­¯n AsXÃmw amäphm³
Bhiys¸Spambnêì. `cW¯n XpSêhm³ th­n, ChÀ a\]qÀhw \nba¯ns\Xncmbn {]hÀ¯nçIbmWv. Cu
t`ZKXn cPn{Ìm¡v kaÀ¸n¡m¯Xn\m CXn\v \nba{]m_eyanÃ. BbXn\m Cu `cWkanXn¡v `cn¡m³
A[nImcanÃ. CXv cPn{ÌmdpsS {i²bn s]Sp¯nbnês¶¦nÂ, Cu `cWkanXntbmSv Hm^okn \nìw Hgnªp
t]mIm³ D¯chndçambnêì. c­mw {]Xn cPn{ÌmÀ hyàamb \ne]mSpkzoIcn¡m¯Xn\mÂ, Cu `cWkanXn
Ct¸mgpw A[nImc¯n XpSêì.
D. people to believe that, the purchase of property incurred an amount of Rs.1.3 crores. On that ground, they are withdrawing all the deposits of equivalent it had with
Kodungallur Co-operative Bank other Banks . Such an action is only to siphon off these funds. In order to hide these aspects, the society has not filed any balance sheet
before the Registrar as required by sec. 13 of the Act since for the year 2004-2005. Thus the intention of the Governing Body is to cheat the poor and uneducated members
of the society .At this juncture the 2nd Respondent registrar can enquire into the affairs of the society , ask for the accounts and balance sheets for avoiding the future
fraud.The Present Governing Body have purchased a property of an extent of 17.600 cents in Kodungallur. The total amount spent for the purchase of property is only Rs.
23,85,000/- including the stamp value. But they have made

k`ípth­n Cu `cWkanXn, sImSp§Ãqcn 17.6000 skâv hkvXp hm§nbn«p­v. ap{Z]{X NnehS¡w hkvXphn\v
NnehmbXv shdpw 23, 85,000 cq]bmWv. ]t£ `cWkanXn¡mÀ P\§sf ]dªv hnizkn¸n¨Xv hkvXphn\v HêtImSn
ap¸Xpe£w cq]bmbn F¶mWv. CXnsâ t]cn AhÀ k`ív As¡u­pIfpÅ sImSp§ÃqÀ klIcW_m¦nÂ
\nìw aäp_mèIfn \nìw \nt£]§Ä ]n³hençIbmé­mbXv. Cu {]hÀ¯n k`bpsS BkvXn
DuänsbSpçhm³ th­nbmWv. CsXÃmw ad¨p]nSnçhm\mbn, cPn{ÌmdpsS ap³]n IWçIsfmìw Xs¶
lmPcm¡msX BÎnsâ hæ¸v 13 s\ ewLn¨ncnçì. k`bnse ]mhs¸«hêw, hnZym`ymkw ædªhscbpw
NXnçhm³ Dt±in¨mWnsXÃmw. Cu Ahkc¯n cPn{ÌmÀ¡v k`bpsS CS]mSpIsfçdn¨v At\zjn¡mw, AhtcmSv
IWçIfpw, hmÀjnI _m¡n]{Xhpw kaÀ¸n¡m³ Bhiys¸Smw, CXv `mhnbnse Iůc§sf XSpçhm³
D]Icnçw.
E. The society is being conducted in manner against the provisions of law The majority members of the society are uneducated and Poor people. The president and Secretary
are brothers in law. They are manipulating the figures and trying to embezzle the amount . The 3rd respondent society is conducting a kuris with a branch a Faridabad
Branch. . They also are accepting ‘Thalam deposits’ without any permission as required by the Reserve Bank of India. More over, the society has not filed any returns before
the Income Tax authorities. The Petitioner filed an application before the Income Tax authorities regarding the filing of any income tax returns by the 3rd respondent.

k`bnse {]hÀ¯\§Ä \nba¯ns\XncmWv. k`bnse `qcn`mKw saw_Àamêw hnZym`ymkw ædªhêw,

]mhs¸«hêw BWv. {]knUâpw, sk{I«dnbpw Bfnb·mcmWv. ChÀ XncnadnIÄ ImWn¨v, XpI Zpê]tbmKw
sNbvXncnçì. k` ^coZm_mZn \nìw ædnIÄ \S¯pì. k` `mcXob dnkÀhv _m¦nsâ AëhmZanÃmsX Xfw
Ut¸mknäpIÄ kzoIcnçì. CXnt\¡mfp]cn, k`bn \nìw C³Iw SmIvkv dnt«éIÄ kaÀ¸nç¶nÃ.
]cmXn¡mc³ CXns\çdn¨v C³Iw SmIvkv A[nImcnIÄ¡v I¯b¨n«p­v.
F. The Governing Body remaining in power without any sanction of law. More over, they are trying to siphon off large amounts of money, which actually belongs to the poor
and marginalized section of the society.such an action is being brought before the 2nd Respondent registrar, he is bound to prevent the illegality. More over, if the Governing
Body are allowed to continue, result in facilitating the looting of money belonging to poor people.

\nba¯nsâ bmsXmê ]n³_ehpw CÃmsX Cu `cWkanXn A[nImc¯n XpSêIbmWv. AXnt\¡Ä D]cnbmbn,

kaql¯nse ]mhs¸«hêw, Xgbs¸«hêamb hn`mK¡mêsS k¼mZyamb XpI DuänsbSpçhm³ ChÀ {iançì.
C¯c¯nepÅ \nbahnê²amb {]hÀ¯nIÄ XSbm³ cPn{ÌmÀ¡v Ignbpw. C\nbpw Cu `cWkanXnsb XpScm³
AëhZn¨mÂ, AXv ]mhs¸« P\§fpsS ]Ww sImÅbSn¡s¸SmëÅ Ahkcw Hêç¶Xn\v kaamWv.
G. The state government is empowered to enquire into the affairs of the society, so as to prevent the illegality being perpetrated by the society. The present Governing Body
are powerful both economically and politically. They made to believe other members of the society that memorandum and articles are the ultimate authority in determining the
period of Governing Body. They also threaten the poor and uneducated people that, if they say anything against them, punitive actions including the recovery of their property
will be initiated against them.
k`bnse {]hÀ¯\§Ä \nbahnê²ambn XpSê¶Xns\Xnsc, At\zjn¡m³ tIcf kÀ¡mdn\v A[nImcap­v.
k`bpsS Ct¸mgpÅ `cWkanXn km¼¯nIambpw, cm{ãob]cambpw iàcmWv. s]mXptbmK¯n\mWv
`cWkanXnbpsS Imemh[nsbçdn¨v Xoêam\n¡mëÅ A[nImcsa¶mWv Cu `cWkanXn k`bnse saw_Àamsc
]dªv hnizkn¸n¨ncnç¶Xv. ChÀs¡Xnsc {]hÀ¯nç¶hÀs¡Xnsc P]vXn\S]SnIÄ kzoIcn¨v hkvXphlIÄ
I­psI«psaìw ]dªv ]mhs¸«hêw, hnZym`ymkw ædªhêamb saw_Àamsc ChÀ `ojWns¸Sp¯pì.

For these and other reasons to be submitted at the time of hearing, it is most humbly prayed that this Hon’ble Court may be pleased to call for the records and :-

taådª ImcW§fmepw, hnNmcW thfbn shfns¸Spt¯­ ImcW§fmepw _lpam\s¸« tImSXn tcJIÄ

lmPcm¡m³ D¯chnSp¶Xnt\msSm¸w,
rd
(i) Declare that Ext. P2 amendment made to the Memorandum and Articles of Association of the 3 respondent society fixing the term of Governing Body and
Board of directors as 3years is illegal and in contravention of Sec.7 of the Travancore-Cochin literary, Scientific and Charitable Societies Registration Act,1956

\nbahnê²ambn t`ZKXn sNbvX \nbamhen, BÎnse Ggmw hæ¸nsâ ewL\ambXn\m `cWkanXnbpsS

Imemh[n aqìhÀjam¡nb \S]Sn sXämsW¶v D¯chndçI.
(ii) A writ of mandamus or other appropriate writ or order directing 2nd Respondent to remove the present Governing Body as their term has expired as mandated
by the Act.

Imemh[n Ignªn«pw `cW¯n XpSê¶ Cu `cWkanXnsb \o¡w sN¿phmëÅ D¯chv ]pds¸Sphn¡m³

cPn{ÌmÀ¡v \nÀt±iw \ÂæI.
st
(iii) A writ of mandamus or other appropriate writ or order directing the 1 respondent to enquire into the affairs of the society, including call for accounts and
inspection of books

k`bnse IWçw , Imcy§fpw, tIcfm Khs×âv t\cn«v CSs]«v At\zjn¡mëÅ D¯chv CdçI.
st
(iv) A writ of mandamus or other appropriate writ or order directing the 1 respondent to act upon Ext.P15 representation within a time limit as fixed by this
honourable court.

INTERIM RELIEF

For the reasons stated in the Writ Petition (Civil) and the affidavit filed in support there of, it is most humbly prayed that the honourable court may be
pleased to appoint a receiver to manage the affairs of the society, till the disposal of this writ petition.

CS¡memizmkw

dn«v s]äoj\n {]Ømhn¨ncnç¶ ImcW§fmepw, CXns\ ]n´m§p¶ coXnbnÂ

kXyhmMvaqew kaÀ¸n¨Xn\mepw, _lpam\s¸« tImSXn Aenhp­mbn Hê `cWm[nImcnsb
( dnkohsd ) \nban¨v k`bpsS `cWw Cu tIkv Ignbpw hsc \S¯n¯cWsa¶v
hn\oXambn At]£n¨psImÅpì.
th
Dated this the 7 day of March,2010
]cmXn¡mc³
hme¯d æamc³ cmtP{µ³
t^m¬: 94958 14027

( A[À½¯nsâ `mK¯p \n¶v Pbnç¶Xnt\¡mÄ \ÃXv

[À½¯nsâ `mK¯p \n¶v tXmÂç¶XmWv )
þ {io\mcmbW KpêtZh³