O.P(C) Nos.1250, 1252 and 1297 of 2020 v. Social Justice Foundation

O.P(C)Nos.1250, 1252 and 1 1297 of 2020 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE SHIRCY V.** **THURSDAY, THE 01ST DAY OF OCTOBER 2020 / 9TH ASWINA, 1942** ## **OP(C).No.1250 OF 2020** **AGAINST THE ORDER/JUDGMENT IN OPTRU 107/2006 DATED 10-04-2017 OF II ADDITIONAL DISTRICT COURT,TRIVANDRUM** ## **PETITIONERS** |**1**||**DEVI PRIYA**| |---|---|---| |||**AGED 34 YEARS**| |||**ARAV NIVAS, PALIKKADA ROAD, KOLLAM**| |**2**||**ANIL KUMAR S,**| |||**AGED 54 YEARS**| |||**EDAKKATTOM VEEDU, THEKKEVILA P.O, KOLLAM**| |**3**||**RANGANTHAN CHETTIAR,**| |||**AGED 61 YEARS**| |||**KALIYIKKAL VEEDU, GOVINDAMUTTAM P.O, KAYAMKULAM**| |**4**||**LEKHA RANI M.R,**| |||**AGED 42 YEARS**| |||**LEKHA NIVAS, PARAKKODU P.O, ADOOR**| |**5**||**ANANDHA KRISHNAN,**| |||**AGED 51 YEARS**| |||**PUNNASWERIYIL VEEDU, GOVINDHAMUTTAM P.O, KAYAMKULAM**| |||**BY ADVS.**| |||**SRI.R.KRISHNA RAJ**| |||**SMT.E.S.SONI**| |||**SMT.KUMARI SANGEETHA S.NAIR**| |**RESPONDENT**<br>**:**||| |**1**||**H.K.RADHAKRISHNAN**| |||**RECEIVER (RETURNING OFFICER), SOCIAL JUSTICE**| |||**FOUNDATION, ROOM N.108, SREE PUTHEN KOVIL**| |||**BHAGAVATHI TEMPLE BUILDING, PETTA,**| |||**THIRUVANANTHAPURAM – 695001.**| O.P(C)Nos.1250, 1252 and 2 1297 of 2020 ## *** ADDL. 2ND RESPONDENT IMPLEADED** - *** ADDL. 2ND RESPONDENT** **K.JAYAKUMAR AGED 62 YEARS** **S/O KOCHUVELU CHETTIYAR, RESIDING AT SIVASADANAM, T.C.14/2236, ORUVATHALKOTTA, ANAYARA P.O, THIRUVANANTHAPURAM.** ****** **ADDL. 3RD RESPONDENT** **BHUVANACHANDRAN CHETTIYAR AGED 67 YEARS** **S/O KUTTAPPAN CHETTIYAR, RESIDING AT ELAMKOVILAKOM, KARIKKAKOM BEACH P.O, THIRUVANANTHAPURAM - 695007** **(ADDITIONAL 2ND AND 3RD RESPONDENTS ARE IMPLEADED AS PER THE ORDER DATED 26-08-2020 IN IA NO.1/2020 AND IA NO.2/2020 RESPECTIVELY)** **R1 BY ADV. SRI.T.M.SUDHEER R2 BY ADV. B.KRISHNA MANI R2 BY ADV. SMT.DHANUJA M.S R3 BY ADV. G.S.REGHUNATH R3 BY ADV. SMT.GAYATHRI P.G.** **THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2020, ALONG WITH OP(C).1252/2020, OP(C).1297/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** O.P(C)Nos.1250, 1252 and 3 1297 of 2020 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE SHIRCY V.** **THURSDAY, THE 01ST DAY OF OCTOBER 2020 / 9TH ASWINA, 1942** ## **OP(C).No.1252 OF 2020** **AGAINST THE ORDER/JUDGMENT IN OP(TRUST) 107/2006 OF II ADDITIONAL DISTRICT COURT,TRIVANDRUM** ## **PETITIONER/S:** - **1 C.RADHAKRISHNAN AGED 53 YEARS SREEDHANYAN THOTTATHIL PUTHENVEEDU, KUNNIKKODE P.O. PUNALOOR (VIA), KOLLAM-691 508.** - **2 L.SIVATHANU T.C.51/2425, SELVI NIVAS, PAPPANAMCODE. P.O., THIRUVANANTHAPURAM-695 018.** - **3 SREEHARI RAMANIVAS 151, KISSAN NAGAR, CUCHERY WARD, KOLLAM691 013** **BY ADVS. SRI.R.KRISHNA RAJ SMT.E.S.SONI SMT.KUMARI SANGEETHA S.NAIR** ## **RESPONDENT/S:** - **1 H.K.RADHAKRISHNAN RECEIVER(RETURNING OFFICER), SOCIAL JUSTICE FOUNDATION, ROOM NO..108, SREE PUTHEN KOVIL BHAGAVATHI TEMPLE BUILDING, PETTA, THIRUVANANTHAPURAM-695 001.** - **2 ADDL.R2.** **BHUVANACHANDRAN CHETTIYAR AGED 67,S/O. KUTTAPAN CHETTIYAR, RESIDING AT ELAVKOVILAKAM, KARIKKAKOM , BEACH P.O, THIRUVANANTHAPURAM** O.P(C)Nos.1250, 1252 and 4 1297 of 2020 ***ADDL. R2 IS IMPLEADED IN THIS OP(c) AS PER ORDER DATED 26.8.2020** **3** ***ADDL. R3** **K.JAYAKUMAR AGED 62 YEARS, S/O. KOCHUVELU CHETTIYAR, RESIDING AT SIVADASADANAM, T.C.14/2236, ORUVATHALKOTTA, ANAYARA P.O. THIRUVANANTHAPURAM 695029** ***ADDITIONAL R3 IMPLEADED IN THIS OP AS PER ORDERE DATED 15-9-2020 IN I.A. NO.3/2020** **R2 BY ADV. G.S.REGHUNATH R2 BY ADV. SMT.GAYATHRI P.G. R3 BY ADV. SRI.B.KRISHNA MANI R3 BY ADV. SMT.DHANUJA M.S** **THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2020, ALONG WITH OP(C).1250/2020, OP(C).1297/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** O.P(C)Nos.1250, 1252 and 5 1297 of 2020 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE SHIRCY V.** **THURSDAY, THE 01ST DAY OF OCTOBER 2020 / 9TH ASWINA, 1942 /** ## **OP(C).No.1297 OF 2020** **AGAINST THE ORDER/JUDGMENT IN OPTR 107/2006 OF II ADDITIONAL DISTRICT COURT,TRIVANDRUM** ## **PETITIONERS** - **1 S.CHANDRAKUMAR AGED 54 YEARS S/O. SUBRAMANYAN CHETTIAR, KARTHIKA, BEACH ROAD, THAMARAKULAM, KOLLAM-691 001.** - **2 BINOY BHASMA KUMAR AGED 27 YEARS S/O. BHASMA KUMAR, CHELLAM, SAKTHIKULANGARA P.O., KOLLAM-691 581.** - **3 VIJAY SANKAR R AGED 32 YEARS RAMANIVAS, CHACHERI WARD, CURUZONE NAGAR, T.D. ROAD, KOLLAM, 691 013.** - **4 K.SUNDARAN CHETTIAR AGED 66 YEARS S/O. KUMARI CHETTIAR, KARIKAATUVILA VEEDU, PERUMKUZHI P.O., CHIRAYINKEEZHU, THIRUVANANTHAPURAM.** - **5 SHAJU M.S. RESIDING AT KARIKAATUVILA, AZHOOR P.O., CHIRAYINKEEZHU, THIRUVANANTHAPURAM.** **BY ADVS. SRI.R.MURALEEKRISHNAN (MALAKKARA) SRI.VICTOR D'SILVA** ## **RESPONDENTS** **1 SOCIAL JUSTICE FOUNDATION REPRESENTED BY ITS SECRETARY, T.C.46/1107, SARA BUILDING, ARYASALA, THIRUVANANTHAPURAM-695 036.** O.P(C)Nos.1250, 1252 and 6 1297 of 2020 **2 H.K.RADHAKRISHNAN ADVOCATE RECEIVER, RETURNING OFFICER, SOCIAL JUSTICE FOUNDATION, ROOM NO.108, PUTHENCOVIL SREE BHAGAVATHI TEMPLE BUILDING, PETTAH, THIRUVANANTHAPURAM-695 024.** - **3 ADDL.R3.** **BHUVANACHANDRAN CHETTIYAR, AGED 67 S/O. KUTTAPAN CHETTIYAR, RESIDNG AT ELAMKOVILAKOM , KARIKKAKOM BEACH P.O, THIRUVANANTHAPURAM 695007** - **ADDL. R3 IMPLEADED VIDE ORDER DATED 26.8.2020 IN I.A. O.1/2020** **4 ADDL. K.JAYAKUMAR, AGED 62 YEARS, S/O. KOCHUVELU CHETTIYAR, RESIDING AT SIVASADANAM, T.C.14/2236, ORUVATHALKOTTA, ANAYARA P.O, THIRUVANANTHAPURAM** ***ADDL. R4 IMPLEADED VIDE ORDER DATED 29.9.2020 IN I.A. NO.3/2020** **R2 BY ADV. SRI.T.M.SUDHEER R3 BY ADV. G.S.REGHUNATH R3 BY ADV. SMT.GAYATHRI P.G. R4 BY ADV. B.KRISHNA MANI R4 BY ADV. SMT.DHANUJA M.S** **THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2020, ALONG WITH OP(C).1250/2020, OP(C).1252/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** O.P(C)Nos.1250, 1252 and 7 1297 of 2020 ## **JUDGMENT** **[ OP(C).1250/2020, OP(C).1252/2020, OP(C).1297/2020 ] Dated this the 1st day of October 2020** These original petitions are mainly concerned with the election of the Social Justice Foundation, (hereinafter referred to as 'the Society') a Society registered under the Travancore Cochin Literary Scientific and Charitable Societies Act. Since the matter involved is in connection with the election of the Society, the cases are decided by a common Judgment. 2. The Society is formed by the members of a particular community. The grievance projected by the petitioners is that they are not included in the voters list published by the Receiver/Returning Officer for the conduct of the election proposed to be held on 3.10.2020. The petitioners in O.P. (C) Nos.1250 and 1252 of 2020 have sought for to set aside the draft voters list and to direct the respondent to include all the petitioners and certain others inducted as members of the Society as on the date of publishing the election notification. O.P(C)Nos.1250, 1252 and 8 1297 of 2020 3. O.P.(C) No.1297 of 2017 has been filed challenging the order of the Additional District Court, Thiruvananthapuram in I.A. No.2/2020 in the O.P(Trust) No.107/2006. In short, the relief sought for is also to include all the eligible members who are entitled to cast their votes in the final voters list and thereby permit them to cast their votes. 4. Heard Adv. Sri. R. Krishnaraj, the learned counsel for the petitioners in O.P.(C) Nos. 1250 and 1252 of 2020, Adv. D. Kishore, the learned counsel for the petitioners in O.P.(C) No. 1297 of 2020 and Adv. G.S. Reghunath, Adv. B. Krishnamani and Adv. T.M. Sudheer, the learned counsel for the respondents in the Original Petitions. 5. At the outset it is to be noted that the society is not made as a party in both O.P(C)Nos.1250 and 1252 of 2020 but in O.P(C)No.1297 of 2020, the society is the 1[st] respondent. The last election conducted in the society on 21.5.2012 was challenged before the District Court along with some other petitions. As per a common order dated 10.4.2017 the District Court upheld the election conducted on 21.5.2012 and directed the ad-hoc committee to conduct the election on 28.05.2017, the proposed date. But, unfortunately the election was not conducted at the appropriate time. It may be recalled that in another common order, specific observation was made by the District Court that the ad-hoc committee is not O.P(C)Nos.1250, 1252 and 9 1297 of 2020 functioning properly and even by the fag end of 2017, the membership register was not formulated in compliance of repeated stringent directions and therefore, a further extension of time for the ad-hoc committee would lead to miscarriage of justice and with that observation the petition filed for extension of time was dismissed (IA 2574/17). Thus the receiver was appointed on 18.11.2017 by the District Court. Now the Society is under the administration of the Receiver. 6. Clause 6 of the Scheme of society deals with the membership of the members of the society. As per Clause 6 of the Scheme the members of this community who are not disqualified for the reasons mentioned therein are eligible to become members of the society by remitting the membership fees. The society has three kinds of members a) founder member b) life member who contributed more than Rs.5 lakhs and c) ordinary members who contributed Rs.1000/for the membership. 7. In I.A. No.1623 of 2012 the election of the society held on 21.05.2012 was challenged by certain members. This IA was disposed of along with three other petitions by the District Court on the finding that the election conducted on 21.05.2012 was valid. The most relevant part of the operative portion of the common order reads as O.P(C)Nos.1250, 1252 and 10 1297 of 2020 ## follows:(relevant portion alone is reiterated.) “a) All the persons whose names were entered in the membership register of the society as on 10/04/2008 will be given an opportunity to pay the entire monthly subscription fee at the rate of Rs.10/-. The respondents shall make a publication in a leading newspaper, requiring such members to pay the required fees within one month from the date of publication. The membership fee can be remitted in the office of the society. If any members face difficulties to pay the amount in the office, they could deposit the same in the bank account of the society and in that event, they should send a letter by registered post to the society showing that they have remitted the amount in the bank account. b) The society will publish the fresh membership list in the notice board of the society after completion of the said period. The membership register will be updated in accordance with membership list finalised. A copy of new membership list has to be submitted to this court within three days which will be exhibited in the notice board of this Court. (c) ***** (d) ***** (e) ****** (f) *******” 8. This Court in OP(C)No.1592 of 2017 and FAO No.193 of 2017 confirmed the order of the Additional District Judge by a judgment O.P(C)Nos.1250, 1252 and 11 1297 of 2020 dated 11.02.2020 observing that the learned Additional District Judge, to give an opportunity to all the members to participate in the election fixed the date as 10.04.2008 and thereby all the persons whose names are entered in the membership register as on 10.04.2008 are permitted to pay membership fees from 01.06.2008 and directed to collect the arrears from 01.06.2008. In short, all those persons whose names are in the membership register as on 10.04.2008 are given an opportunity to pay the arrears of membership fees from 01.06.2008 within one month from the date of publication to revive membership which was lost due to the litigation and other issues between the members, Managing Committee etc. A careful scrutiny of the matters involved indicates that as a remedial step that need to be taken with regard to the administration of the Society, conduct of an election was inevitable and for the same the existing members were given an opportunity to revive their membership. 9. As per Clause 10 the term for the managing committee is two years. The term of the managing committee as per the election conducted on 21.05.2012 expired on 21.05.2014. A plea was raised in O.P(C)No.1592/2017 that an election was conducted on 25.05.2014, but whether an election was conducted in a democratic way is not clear from records available. But the direction of the O.P(C)Nos.1250, 1252 and 12 1297 of 2020 District Judge was to conduct an election on 28.05.2017 and that was not interfered by this Court in O.P(C)No.1592/2017 and FAO No.193/2017. The said Judgment of this Court has become final. Admittedly, the election proposed to be held on 28.05.2017 was not conducted due to various reasons transpired in between and it was observed by this Court that the delay cannot be attributed to anyone particularly. That election is finally scheduled to 03.10.2020. Can such an election be delayed further is the moot question for consideration? No doubt the disputes have to come to a logical end. 10. This Court in the common Judgment (O.P(C)No.1592/2017 and FAO No.193/2017) directed the receiver to complete the membership register taking the crucial date as 10.04.2008. Therefore, all the members of the community whose names are reflected in the membership register of the society as on 10.04.2008 are entitled to continue as members and direction was to afford an opportunity to clear off the arrears of fees within the time stipulated. In compliance of the order, the Receiver was supposed to update the membership register. Ultimately, such an exercise was successfully completed by the Receiver. It is not in dispute that the petitioners in all these Original Petitions claimed that they secured membership in the society on various dates between 18.01.2015 and 28.04.2017. So, no doubt O.P(C)Nos.1250, 1252 and 13 1297 of 2020 their names are not in the membership register as on 10.04.2008. It prima facie appears that they secured membership during the period when there was no properly elected committee in administration. Moreover, the District Court in the order dated 18.11.2017 found that ad-hoc committee in administration of the society was not functioning properly. The records would reveal that the last election was on 21.05.2012 and there was no illegality in the election conducted and thereafter no election was conducted and that is the reason why the court has directed to conduct the election on 21.5.2017 by an order dated 10.04.2017 . 11. The petitioners in O.P(C)No.1250 of 2020 obtained membership on 18.01.2015, 19.01.2015 and 20.01.2015 respectively as evident by Ext P3 to P7. The petitioners in O.P(C)No.1252 of 2020 secured membership on 28.04.2017 and 15.5.2017 as evident by Exts.P3 to P5 produced therein. The petitioners in OP(C)No. 1297 of 2020 have not produced any document evidencing payment of membership fees and their case itself is that they secured membership in the year 2017. So it could be seen that there is no possibility of having the names of these persons in the membership register updated as on 10.04.2008. The election proposed to be held on 28.05.2017 was postponed due to various reasons and now the O.P(C)Nos.1250, 1252 and 14 1297 of 2020 receiver has made arrangements for the conduct of the election on 3.10.2020 as per the directions of this Court. Such being the scenario, it is not justifiable to permit them to cast their vote by including them in the voters list. 12. It is pertinent to note that the receiver in a statement has specifically stated that the draft voters list was published on 08.08.2018 and final voters list was published on 25.08.2020. Though, ten days time was given to file objection, no objection was received by him and hence the list was finalized. Therefore, it is clear that none of petitioners have approached the receiver with any claim. After several rounds of litigation, an order was passed by this Court directing to complete the membership register by taking the crucial date as 10.04.2008. The election of the society was delayed due to the litigation between the parties and the postponed election is proposed to be held on 3.10.2020 and the entire preparations for the conduct of the election is over and the voters' list has been finalized and so the formalities to conduct the election is fairly completed as evident by Ext. R3(q). 13. The Hon'ble Supreme Court in **Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha and Another v. State of Maharashtra and others** O.P(C)Nos.1250, 1252 and 15 1297 of 2020 **[(2001) 8 SCC 509]** held that when election process is complete, it cannot be interfered by Courts **:** “9. If the contention of the appellants is that there was a breach of rule or certain mandatory provisions of the Rules were not complied with while preparing the electoral roll, the same could be challenged under Rule 81(d)(iv) of the Rules by means of an election petition. In view that the preparation of electoral roll is part of the election process and if there is any breach of the Rules in preparing the electoral roll, the same can be called in question after the declaration of the result of the election by means of an election petition before the Tribunal”. 14. So when the election process is set in motion it is not possible to postpone the election as requested by the petitioners even if they are inducted as members subsequent to the crucial date fixed by the Court in O.P(C)No.1592 of 2017 and FAO No.193 of 2017, as election is a democratic process. It is also to be noted that the judgment dated 11.2.2020 has become final as the Special leave petition Nos.8108 and 8109 of 2020 stand dismissed by the Hon'ble Supreme Court. It is made clear that only the members included in the membership register as on 10.4.2008 can cast their votes in the election which was delayed because of various reasons. But it is a fact that since the society is formed by the members of the Vaisya Vanika community, definitely new members can join as members subject to O.P(C)Nos.1250, 1252 and 16 1297 of 2020 conditions stipulated in clause 6 of the Scheme. But in this election which is proposed to be conducted on 3.10.2020, only those members originally enrolled and the persons whose names are echoed in the membership register as on 10.04.2008, alone can exercise their franchise. The new managing committee after assuming charge have to induct new members as per scheme and update the membership register so as to enable the members to cast their votes in the subsequent elections, but not in the proposed election. The apprehension expressed by the learned counsel for the petitioners in O.P(C).1297/2020 that the petitioners will never get the opportunity to be a member of the society is baseless and unjustified as they could apply for membership before the new Managing Committee. Their contentions regarding membership are left open to be considered in appropriate proceedings after the election and declaration of the election results. Therefore, the receiver/the returning officer shall proceed to conduct the election as per the notification and arrangements made by him. The various other matters involved are not material to be decided in these Original Petitions and in my considered view, these petitions are only to be dismissed so as to enable the receiver to conduct the election of the Society. The Receiver is directed to conduct the election strictly O.P(C)Nos.1250, 1252 and 17 1297 of 2020 following the Covid-19 pandemic protocol. It is also made clear that the receiver is entitled to seek police assistance for the smooth conduct of the election proposed to be held on 03.10.2020, in case of emergency, as the task of the Receiver is enormous. O.P(C) Nos.1250, 1252 and 1297 of 2020 stand dismissed. The parties shall suffer their respective costs. smm **Sd/SHIRCY V. JUDGE** O.P(C)Nos.1250, 1252 and 18 1297 of 2020 ## **APPENDIX OF OP(C) 1250/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **COPY OF THE ORDER IN NO. 1623/12 OF ADDL. DIST JUDGE II TVM** **EXHIBIT P2 COPY OF THE JUDGMENT IN O.P (C) 1592/17 EXHIBIT P3 COPY OF THE MEMBERSHIP RECEIPT EXHIBIT P4 COPY OF THE MEMBERSHIP RECEIPT EXHIBIT P5 COPY OF THE MEMERSHIP RECEIPT EXHIBIT P6 COPY OF THE MEMBERSHIP RECEIPT EXHIBIT P7 COPY OF THE MEMBERSHIP RECEIPT EXHIBIT P8 COPY OF THE COMPLAINTS EXHIBIT P9 COPY OF THE REPLY EXHIBIT P10 COPY OF THE ELECTION NOTIFICATION EXHIBIT P11 COPY OF THE DRAFT VOTERS LIST** **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R2(a): TRUE COPY OF THE COMMON ORDER DATED 10/04/2017 IN IA.NOS.1623/2012, 769/2014, 1056/2014 AND 884/2017 IN OP.(TRUST) NO.107/2006.** **EXHIBIT R2(b): TRUE COPY OF THE JUDGMENT DATED 11/02/2020 IN O.P.MNO.1592/2017 OF THIS HON'BLE COURT. EXHIBIT R2(c): TRUE COPY OF THE ORDER DATED 29/07/2020 IN SLP (C) NOS.8108-8109/2020 OF THE HON'BLE SUPREME COURT OF INDIA. EXHIBIT R2(d): TRUE COPY OF THE ORDER OF THE ADDITIONAL DISTRICT COURT-II, THIRUVANANTHAPURAM ON I.A.NO.2/2020 IN O.P.(TRUST) NO.107/2006. EXHIBIT R2(e): TRUE COPY OF THE DRAFT VOTERS LISTS PUBLISHED BY THE RECEIVER - CLASS A & B AND A.** O.P(C)Nos.1250, 1252 and 19 1297 of 2020 |**EXHIBIT R2(f):**|**TRUE COPY OF THE DRAFT VOTERS LISTS**| |---|---| ||**PUBLISHED BY THE RECEIVER CLASS B & A, B &**| ||**C AND B.**| |**EXHIBIT R2(g):**|**TRUE COPY OF THE DRAFT VOTERS LISTS**| ||**PUBLISHED BY THE RECEIVER CLASS C & B &**| ||**B&C.**| |EXT**R3(A)**|**COPY OF THE ORDER DATED 12.1.2012 OF THE**| ||**COURT OF THE ADDITIONAL DISTRICT JUDGE**| ||**-II, THIRUVANANTHAPURAM**| |**EXT.R3(b)**|**COPY OF THE COMMON ORDER DATED 18.12.2012**| ||**IN I.A. NO.3128/2012 AND I.A NO.3130/2012**| ||**IN O.P (TRUST) NO.107/2006 OF THE COURT OF**| ||**THE ADDITIONAL DISTRICT JUDGE-II,**| ||**THIRUVANANTHAPURAM**| |**EXT.R3(c)**|**COPY OF THE ORDER DATED 4.2.2013 IN**| ||**I.A.NO.3129/2012 IN O.P(TRUST)**| ||**NO.107/2006 OF TH COURT OF THE ADDITIONAL**| ||**DISTRICT JUDGE-II, THIRUVANANTHAPURAM**| |**EXT.R3(d)**|**COPY OF THE ORDER DATED 10.12.2013 IN IA.**| ||**NOS. 3011/2013 AND 3041/2013 IN**| ||**O.P(TRUST)NO.107/2006 OF THE COURT OF THE**| ||**ADDITIONAL DISTRICT JUDGE-II,**| ||**THIRUVANANTHAPURAM**| |**EXT.R3(e)**|**COPY OF THE JUDGMENT DATED 28.2.2017 IN**| ||**O.P(c)nO.3051/2014 OF THIS HONOURABLE**| ||**COURT.**| |**EXT.R3(f)**|**COPY OF THE COMMON ORDER DATED 10.4.2017**| ||**IN I.A.NOS.1623/2012, 769/2014,**| ||**1056/2014 AND 884/2017 IN O.P**| ||**(TRUST)NO.107/2006 OF THE COURT OF THE**| ||**ADDITIONAL DISTRICT JUDGE-II,**| ||**THIRUVANANTHAPURAM**| |**EXT.R3(g)**|**COPY OF THE COMMON ORDER DATED**| ||**18.11.2017 IN I.A.NOS. 2502/2017 AND**| ||**2574/2017 IN o.p(TRUST)NO.107/2006 OF THE**| ||**COURT OF HTE ADDITIONAL DISTRICT JUDGE-**| ||**II, THIRUVANANTHAPURAM**| |**EXT.R3(h)**|**COPY OF THE JUDGMENT DATED 11.2.2020 IN**| ||**O.P(c)no.1592/2017 OF THIS HONOURABLE**| ||**COURT.**| O.P(C)Nos.1250, 1252 and 20 1297 of 2020 **EXT.R3(i) COPY OF THE MEMO FILED BY THE RECEIVER IN O.P(TRUST) NO.107/2006 DATED 8.12.2017 ON THE FILE OF THE DISTRICT COURT-III, THIRUVANANTHAPURAM** - **EXT.R3(j) COPY OF THE ORDER DATED 29.7.2020 IN SLP NO.8108-8109/2020 OF THE HONOURABLE SUPREME COURT** **EXT.R3(k) COPY OF THE VOTERS LIST OF CLASS 'A', 'B' AND 'A'** - **EXT.R3(l) COPY OF THE CLASS 'C' 'B'AND 'C' EXT.R3(m) COPY OF THE CLASS 'B' AND 'A' 'B' AND 'C' AND 'B' EXT.R3(n) COPY OF THE NOTIFICATION DATED 11.4.2020 ISSUED BY THE RETURNING OFFICER EXT.R3(o) COPY OF THE ORDER DATED 8.5.2020 IN O.P 849/2020 OF THIS HONOURABLE COURT EXT.R3(p) COPY OF THE ORDER DATED 29.7.2020 IN I.A. NO.2/2020 IN O.P(TRUST) 107/2006 OF THE COURT OF THE ADDITIONAL DISTRICT JUDGE-II, THIRUVANANTHAPURAM EXT.R3(Q) COPY OF THE ELECTION NOTIFICATION DATED 8.8.2020 ISSUED BY THE RETURNING OFFICER.** O.P(C)Nos.1250, 1252 and 21 1297 of 2020 ## **APPENDIX OF OP(C) 1252/2020** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE ORDER IN IA.N0.1623/12/ OF ADDL.DIST.JUDGE II TVM. EXHIBIT P2 COPY OF THE JUDGMENT IN OP(C)1592/17 EXHIBIT P3 COPY OF THE MEMBERSHIP RECEIPT. EXHIBIT P4 COPY OF THE MEMBERSHIP RECEIPT EXHIBIT P5 COPY OF THE MEMBERSHIP RECEIPT EXHIBIT P6 COPY OF THE COMPLAINTS EXHIBIT P7 COPY OF THE REPLY EXHIBIT P8 COPY OF THE ELECTION NOTIFICATION** O.P(C)Nos.1250, 1252 and 22 1297 of 2020 **EXHIBIT P9** **COPY OF THE DRAFT VOTERS LIST.** ## **ANNEXURE 1** - **COPY OF THE COMMMON ORDER DATED 104.2018 IN I.A.NO.1623/2012, 769/2014, 1056/2014 AND 884/2017 IN O.P. TRUST NO.107/2006** **ANNEXURE 11** - **COPY OF THE JUDGMETN DATED 11.2.2020 IN O.P NO.1592/2017 OF THIS HONOURABLE COURT** ## **ANNEXURE III** - **COPY OF THE ORDER DATED 29.7.202 IN SLP NOS.8108-8109/202 OF THE HONOURABLE SUPREME COURT OF INDIAN** - **ANNEXURE IV COPY OF THE ORDER OF THE ADDITIONAL DISTRICT COURT -II, THIRUVANANTHAPURAM ON I.A. NO.2/202 IN OP(TRUST)107/2006** - **ANNEXURE V** - **COPY OF THE DRAFT VOTERS LIST PUBLISHED BY THE RECEIVER – CLASS A, B AND A** - **ANNEXURE VI COPY OF THE DRAFT VOTERS LIST PUBLISHED BY THE RECEIVER CLASS B AND A , B AND C AND B** - **ANNEXURE VII COPY OF THE DRAFT VOTERS LISTS PUBLISHED BY THE RECIVER** ## **RESPONDENTS EXHIBIT** EXT **R3(A) COPY OF THE ORDER DATED 12.1.2012 OF THE COURT OF THE ADDITIONAL DISTRICT JUDGE -II, THIRUVANANTHAPURAM** **EXT.R3(b) COPY OF THE COMMON ORDER DATED 18.12.2012** O.P(C)Nos.1250, 1252 and 23 ## 1297 of 2020 **IN I.A. NO.3128/2012 AND I.A NO.3130/2012 IN O.P (TRUST) NO.107/2006 OF THE COURT OF THE ADDITIONAL DISTRICT JUDGE-II, THIRUVANANTHAPURAM EXT.R3(c) COPY OF THE ORDER DATED 4.2.2013 IN I.A.NO.3129/2012 IN O.P(TRUST) NO.107/2006 OF TH COURT OF THE ADDITIONAL DISTRICT JUDGE-II, THIRUVANANTHAPURAM EXT.R3(d) COPY OF THE ORDER DATED 10.12.2013 IN IA. NOS. 3011/2013 AND 3041/2013 IN O.P(TRUST)NO.107/2006 OF THE COURT OF THE ADDITIONAL DISTRICT JUDGE-II, THIRUVANANTHAPURAM EXT.R3(e) COPY OF THE JUDGMENT DATED 28.2.2017 IN O.P(c)nO.3051/2014 OF THIS HONOURABLE COURT. EXT.R3(f) COPY OF THE COMMON ORDER DATED 10.4.2017 IN I.A.NOS.1623/2012, 769/2014, 1056/2014 AND 884/2017 IN O.P (TRUST)NO.107/2006 OF THE COURT OF THE ADDITIONAL DISTRICT JUDGE-II, THIRUVANANTHAPURAM EXT.R3(g) COPY OF THE COMMON ORDER DATED 18.11.2017 IN I.A.NOS. 2502/2017 AND 2574/2017 IN o.p(TRUST)NO.107/2006 OF THE COURT OF HTE ADDITIONAL DISTRICT JUDGEII, THIRUVANANTHAPURAM EXT.R3(h) COPY OF THE JUDGMENT DATED 11.2.2020 IN O.P(c)no.1592/2017 OF THIS HONOURABLE COURT. EXT.R3(i) COPY OF THE MEMO FILED BY THE RECEIVER IN O.P(TRUST) NO.107/2006 DATED 8.12.2017 ON THE FILE OF THE DISTRICT COURT-III, THIRUVANANTHAPURAM EXT.R3(j) COPY OF THE ORDER DATED 29.7.2020 IN SLP NO.8108-8109/2020 OF THE HONOURABLE SUPREME COURT EXT.R3(k) COPY OF THE VOTERS LIST OF CLASS 'A', 'B' AND 'A'** O.P(C)Nos.1250, 1252 and 24 1297 of 2020 **EXT.R3(l) COPY OF THE CLASS 'C' 'B'AND 'C' EXT.R3(m) COPY OF THE CLASS 'B' AND 'A' 'B' AND 'C' AND 'B' EXT.R3(n) COPY OF THE NOTIFICATION DATED 11.4.2020 ISSUED BY THE RETURNING OFFICER EXT.R3(o) COPY OF THE ORDER DATED 8.5.2020 IN O.P 849/2020 OF THIS HONOURABLE COURT EXT.R3(p) COPY OF THE ORDER DATED 29.7.2020 IN I.A. NO.2/2020 IN O.P(TRUST) 107/2006 OF THE COURT OF THE ADDITIONAL DISTRICT JUDGE-II, THIRUVANANTHAPURAM EXT.R3(Q) COPY OF THE ELECTION NOTIFICATION DATED 8.8.2020 ISSUED BY THE RETURNING OFFICER.** O.P(C)Nos.1250, 1252 and 25 1297 of 2020 ## **APPENDIX OF OP(C) 1297/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 11.2.2020 IN O.P(C) 1592/2017 OF THIS HONOURABLE COURT.** **EXHIBIT P2 TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A. 2/2020 IN O.P.(TRUST) NO.107/2006 ON THE FILE OF II-ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM.** **EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A.1/2020 IN O.P.(TRUST) NO.107/2006 ON THE FILE OF II-ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM. EXHIBIT P4 TRUE COPY OF THE OBJECTION FILED BY THE 2ND RESPONDENT TO EXHIBITS P2 AND P3 APPLICATIONS. EXHIBIT P5 TRUE COY OF THE DRAFT VOTERS LIST DATED 8.8.2020 PUBLISHED BY THE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 29.7.2020 IN I.A.2/2020 IN O.P.(TRUST) 107/2006 ON THE FILE OF II-ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM. EXHIBIT P7 TRUE COPY OF THE ELECTION NOTIFICATION DATED 8.8.2020 PUBLISHED BY THE 2ND RESPONDENT.** **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R3(a): TRUE COPY OF THE COMMON ORDER DATED 10/04/2017 IN IA.NO.1623/2012 IN OP(TRUST) NO.107/2006 OF THE ADDITIONAL DISTRICT COURT-II, THIRUVANANTHAPURAM. EXHIBIT R3(b): TRUE COPY OF THE ORDER DATED 29/07/2020 IN SLP 8108-8109 OF 2020 OF THE HON'BLE SUPREME COURT.**