P. Anil Kumar and others v. Indian Red Cross Society

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **TUESDAY, THE 25TH DAY OF FEBRUARY 2020 / 6TH PHALGUNA, 1941** ## **WP(C).No.25971 OF 2019(V)** ## **PETITIONERS:** - **1 P.ANILKUMAR @ CHEMPAZHANTHI ANIL AGED 51 YEARS S/O.A.PANKAJAKSHAN NAIR, RESIDING AT INDEEVARAM, URA-62, UDIYANNUR TEMPLE ROAD, MARUTHANKUZHI, KANJIRAMPARA P.O., THIRUVANANTHAPURAM-695 023, (CHAIRMAN OF THE STATE MANAGING COMMITTEE, INDIAN RED CROSS SOCIETY (IRCS), RED CROSS ROAD, GENERAL HOSPITAL JUNCTION, VANCHIYOOR, THIRUVANANTHAPURAM, PIN-695 035),** **(MEMBER, STATE MANAGING COMMITTEE OF IRCS UNDER RULE F(D) OF CHAPTER-III).** - **2 VALSAMMA SUKUMARAN, AGED 62 YEARS** **D/O.N.SUKUMARA, KUZHIVILAYIL HOUSE, MAMKADU P.O., ADOOR, PATHANAMTHITTA-691 551, (MEMBER, STATE MANAGING COMMITTEE, IRCS, AS DISTRICT BRANCH REPRESENTATIVE, PATHANAMTHITTA).** - **3 ADV.M.RAJAN, AGED 69 YEARS S/O.M.GANGADHARAN, ADVOCATE AND NOTARY, SILK STREET, KOZHIKODE-673 001,** **(MEMBER, STATE MANAGING COMMITTEE, IRCS, AS DISTRICT BRANCH REPRESENTATIVE, KOZHIKODE).** **4 A.K.SIRAJUDEEN, AGED 67 YEARS S/O.ADAMKUTTY, SALAMATH ARCADE, AKS COTTAGE, 20/2031, PALLURUTHY, KOCHI-682 006, (MEMBER, STATE MANAGING COMMITTEE,IRCS, AS DISTRICT BRANCH REPRESENTATIVE, ERNAKULAM).** **5 ADV.V.D.BALAKRISHNA KARTHA, AGED 80 YEARS S/O.NARAYANAN UNNI, 25, KUMARANASAN NAGAR, KADAVANTHRA, KOCHI-682 020, (MEMBER, STATE MANAGING COMMITTEE, IRCS, AS REPRESENTATIVE OF ST.JOHN AMBULANCE STATE COUNCIL).** **WP(C).No.25971 OF 2019** **2** - **6 S.AJAYAKUMAR, AGED 61 YEARS** **S/O.SREEDHARAN PILLAI, VADAKKETHIL VEEDU, KOCHUPLAMOODU, KOLLAM-691 001, (MEMBER, STATE MANAGING COMMITTEE, IRCS, AS DISTRICT BRANCH REPRESENTATIVE, KOLLAM).** **7 REJITH RAJENDRAN AGED 45 YEARS S/O.A RAJENDRAN NAIR, KRISHNANJALI, MADATHIL NADA, THIRUVALLAM P.O., THIRUVANANTHAPURAM-695 027 (MEMBER, STATE MANAGING COMMITTEE,IRCS, AS DISTRICT BRANCH REPRESENTATIVE, THIRUVANANTHAPURAM).** **8 ADV.M.S.ANILKUMAR, AGED 52 YEARS S/O.SUNDARESAN, MALIYAKKAL HOUSE, SPANSHIO VILLA, CHUNGAM, IRINJALAKKUDA-680 121, (MEMBER, STATE MANAGING COMMITTEE,IRCS, AS DISTRICT BRANCH REPRESENTATIVE, THRISSUR).** **9 P.K.M.IQBAL, AGED 68 YEARS S/O.ABDUL KHADER, REHANALAYAM, THIRUVAMBADI P.O., ALAPPUZHA-688 002, (MEMBER, STATE MANAGING COMMITTEE,IRCS, AS DISTRICT BRANCH REPRESENTATIVE, ALAPPUZHA).** **10 C.P.KARTHIKEYAN, AGED 62 YEARS S/O.KUNJUKUTTAN, PALAKKAL VEEDU, KODOOR P.O., MALAPPURAM-676 502, (VICE-CHAIRMAN, STATE MANAGING COMMITTEE, IRCS, AS DISTRICT BRANCH REPRESENTATIVE, MALAPPURAM).** **11 MAHESHWAR.S., AGED 45 YEARS S/O.SUGATHAN, T.C.76/596, KILIKKUNNAM, ANAYARA P.O., THIRUVANANTHAPURAM-695 029, (MEMBER, STATE MANAGING COMMITTEE, IRCS, UNDER RULE F(D) OF CHAPTER-III).** **12 ADV.GEORGE VATHUPARAMBIL, AGED 55 YEARS S/O.V.C.JOHN, YETHI SCHOOL, POST KANIYAMPETTA, THACHILAKKAD, WAYANAD-673 122, (MEMBER, STATE MANAGING COMMITTEE,IRCS, AS DISTRICT BRANCH, REPRESENTATIVE, WAYANAD).** **WP(C).No.25971 OF 2019** **3** |**13**|**C.BHASKARAN,**| |---|---| ||**AGED 50 YEARS**| ||**S/O.N.CHANDRAN, ASARIVILAKATH VEEDU, THALIYIL,**| ||**KARAMANA P.O., THIRUVANANTHAPURAM-695 002,**| ||**(MEMBER, STATE MANAGING COMMITTEE, IRCS, UNDER**| ||**RULE F(D) OF CHAPTER-III).**| |**14**|**M.D.ARJUNAN**| ||**AGED 60 YEARS**| ||**S/O.P.S.DAMODARAN, MUNDUKOTTA,**| ||**PAINAVU P.O., IDUKKI-685 603,**| ||**(MEMBER, STATE MANAGING COMMITTEE, IRCS, AS**| ||**DISTRICT BRANCH REPRESENTATIVE, IDUKKI).**| |**15**|**A.P.USMAN,**| ||**AGED 55 YEARS**| ||**S/O.LATE A.K.PAREED, ARUMPASSERY,**| ||**NAYARUPARA P.O., IDUKKI-685 602,**| ||**(MEMBER, STATE MANAGING COMMITTEE, IRCS, UNDER**| ||**RULE F(D) OF CHAPTER-III).**| ||**BY ADVS.**| ||**SRI.K.GOPALAKRISHNA KURUP (SR.)**| ||**SMT.ANUROOPA JAYADEVAN**| ||**SRI.ABHISHEK KURIAN**| |**RESPONDENTS**<br>**:**|| |**1**|**THE INDIAN RED CROSS SOCIETY**| ||**REPRESENTED BY ITS SECRETARY GENERAL,**| ||**NATIONAL HEADQUARTERS, IRCS, RED CROSS ROAD,**| ||**NEW DELHI-110 001.**| |**2**|**THE MANAGING BODY,**| ||**INDIAN RED CROSS SOCIETY,**| ||**REPRESENTED BY THE SECRETARY GENERAL,**| ||**NATIONAL HEADQUARTERS, IRCS, RED CROSS ROAD,**| ||**NEW DELHI-110 001.**| |**3**|**THE INTERIM COMMITTEE CONSTITUTED BY THE MANAGING**| ||**COMMITTEE,**| ||**THE INDIAN RED CROSS SOCIETY,**| ||**NATIONAL HEADQUARTERS, REPRESENTED BY ITS CHAIRMAN,**| ||**KUM.JUSTICE A.LAKSHMIKUTTY,**| ||**(FORMER JUDGE OF KERALA HIGH COURT),**| ||**KAYIKKKARA HOUSE, AMBALATHARA, POOMTHURA P.O.,**| ||**THIRUVANANTHAPURAM-695 026.**| **WP(C).No.25971 OF 2019** **4** **4 ADDL.R4 V.P.MURALEEDHARAN AGED 58 YEARS, S/O.GOVINDHAN NAIR, BLISS, CHANDRA NAGAR P.O., PALAKKAD DISTRICT - 680 077** **ADDL.R4 IMPLEADED AS PER ORDER DATED 04/10/2019 IN I.A.NO.1/19 IN WP(C)NO.25971/19.** **ADV. SRI.P.VIJAYAKUMAR, ASG OF INDIA ADV. SRI.JOBI JOSE KONDODY ADV. SRI.G.SREEKUMAR (CHELUR)** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1902-2020, THE COURT ON 25-02-2020 DELIVERED THE FOLLOWING:** **WP(C).No.25971 OF 2019** **5** ## **ANU SIVARAMAN, J** **= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.25971 of 2019** **= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25[th] day of February, 2020** ## **JUDGMENT** Heard Sri.GopalaKrishna Kurup, the learned Senior Counsel appearing for the petitioners and Sri.P.Vijayakumar, the learned Assistant Solicitor General of India appearing for respondents 1 and 2, Sri.Jobi Jose Kondody, the learned counsel appearing for the 3[rd] respondent as well as Sri.Sreekumar Chelur, the learned counsel appearing for the 4[th] respondent. 2. The petitioners, who claim to be members of the Managing Committee of the Kerala State Branch of the Indian Red Cross Society have approached this Court challenging Exts.P2 and P3 to the extend that the said communications directs the dissolution of the existing Managing Committee and appoints an Interim Committee to administer the affairs of the State Branch. 3. It is submitted that the Managing Committee of the State Branch is constituted under Section 5 of the Act. The constitution of the Managing Committee is as under: ## _**“F. Composition of the Managing committee**_ _The Managing Committee of State/U.T branch shall comprise of the following:_ a. _Chairman_ **WP(C).No.25971 OF 2019** **6** b. _Treasurer_ c. _The Vice Chairman shall be elected by the Managing Committee from amongst themselves at the first meeting held after its composition or election._ d. _Four members of the State/UT Branch from amongst the Patrons, Vice Patrons and Life Members of the branch as decided by the Managing Committee._ e. _One representative elected by each district Branch Committee._ f. _General Secretary of the State/UT Branch will be the member-secretary and non-voting member._ g. _The representative of the St.John Ambulance State Council_ h. _The Managing Committee may co-opt up to 5 members (e.g. representatives from the Ministry of Health, Education, Social Welfare etc.) having expertise in any part of the organizations functions.”_ 4. It is stated that the Governor of the State is the President of the State Branch and the Vice President is nominated by the President for a term of three years. It is stated that the State Managing Committee had 19 members and that the petitioners are the elected representatives of the District Branch Committees. It is stated that the period of the Managing Committee is three years from the date of assumption of office. A Managing Committee which assumed office in 2013 was sought to be dissolved by the State Government in 2016. The Chairman and members of the said Committee had challenged the Order of the State Government and by judgment in **Sunil C.Kurian vs. Union of India [2016 (4) KLT 197]** , this Court held that the State Government does not have the power, in terms of the Act, to dissolve a State Managing Committee. It is stated that an appeal **WP(C).No.25971 OF 2019** **7** preferred against the said judgment was also dismissed and a Special Leave Petition attempted against the judgment in appeal was also dismissed. It is stated that thereafter elections were conducted in 2016 and the Committee continued till 2019. There were several disputes between the Chairman and the Vice Chairman. 5. It is stated that pursuant to complaints raised by the rival factions, a two member committee was appointed by the National Headquarters to look into the affairs of the Society. The committee conducted a visit in the State and a report was submitted. Thereafter, the National Managing Body sought the legal opinion from the Standing Counsel and pursuant thereto, Ext.P2 decision was taken. It is further stated that a New Managing Committee was constituted on 10.8.2019 and assumed office which fact was duly intimated to the 1[st] respondent by Ext.P1(a). 6. The learned Senior Counsel appearing for the petitioners submits that the power, if any, of the National Managing Body to dissolve a State Managing Committee can be exercised only after serving due notice. It is contended that a reading of the provisions of the statute would make it clear that there is no such power vested in the Managing Body. It is submitted that the supersession of the Managing Committee which was in power and the appointment of an Interim Committee is without any authority of law and is liable to be set aside. 7. A statement has been placed on record by the respondents 1 and **WP(C).No.25971 OF 2019** **8** 2. It is submitted that the functioning of the State Branches of the Society is regulated by uniform rules framed for the purpose under Section 5 of the Act. It is stated that the rules provides for supervision by the Managing Body on the functioning of the State Managing Committee. It is stated that formal complaints had been submitted before the Managing Body by the Chairman as well as the Vice Chairman of the State Managing Committee. It is stated that there were two warring groups within the Committee and that allegations and counter allegations had been raised by each group with regard to misappropriation of funds and maladministration. It is stated that on the basis of the complaints preferred by the rival groups that a decision was taken to appoint a two member committee to look into the allegations. The two member committee had visited the State and had examined the records of the State Unit and District Units in the presence of all concerned. 8. A preliminary report was submitted by the two member committee which revealed a stalemate in the conduct of the affairs of the Society. It is stated that several donors including NGOs and National and International Corporates had also raised complaints with regard to the functioning of the Society. It is therefore contended that it is in the above view of the matter that proceedings had been initiated to appoint an Interim Committee to look into the allegations and to consider the remedial measures required. It is stated that the term of the Interim Committee now appointed is only for a period of six months or till a new Managing **WP(C).No.25971 OF 2019** **9** Committee is constituted, whichever is earlier. It is further contended that the term of the elected Managing Committee had come to an end on 26.08.2019 and that there was no duly elected Committee in power. It is submitted that in the absence of any valid and legal election conducted, the petitioners, who are only members of the District Units have no manner of right to contend that the affairs of the State Branch shall not be appropriately dealt with by the Managing Body. It is further contended that this is more so in view of the fact that the petitioners themselves had raised allegations against the rival faction and that the petitioners can have no claim that they were unaware of the appointment of the two member committee for considering the factual aspects. It is stated that there can be no challenge against the committee which consists of a retired High Court Judge and four members of the National Managing Body. 9. It is stated that while considering the power of the State Government to issue orders superseding the Committee, a Single Judge of this Court in the judgment relied upon by the petitioners had specifically held that, in view of the power conferred by the Statute on the National Managing Body of the Society to frame rules, concerning the powers exercisable by the Managing Body in supervising the activities of the State Branch is sufficient to hold that the State Branch Committees of the Society are under the control and supervision of the Managing Body of the Society. It was held that it is for the Managing Body of the Society to take **WP(C).No.25971 OF 2019** **10** appropriate action against the State and District Branches of the Society, if any complaint is raised as to their functioning. 10. Relying on the decision of the Division Bench in appeal, **State of Kerala v. Sunil C.Kurien [2017 (2) KLT 206]** , it is contended that these aspects had been considered by the Division Bench also. At paragraph 41 of the said judgment, the Division Bench had held that a Managing Body under Section 5 is empowered to frame regulations to govern the Managing Committee and that there were no regulations framed to discipline the Managing Committee. The Division Bench therefore held that on an examination of the statutory provisions, neither the State Government nor the President of the State Branch has any role in disciplining either the Managing Committee or its Chairman and that the ratification by the President of the State Committee would not regularize the action taken in the absence of the power. 11. The learned Assistant Solicitor General of India appearing for the respondents 1 and 2 would contend that the National Managing Body has framed rules under Section 5 of the Act and the Management and Control of the affairs of the State Branch is specifically provided in the said rules. It is submitted that in the absence of any duly elected Managing Committee for the State Branch, the respondents were well within their powers in having issued directions for appointment of an Interim Committee to consider the allegations raised by both the sides and keeping both the factions away from **WP(C).No.25971 OF 2019** **11** the management for the time being. 12. I have considered the contentions advanced on all sides. It is true that there is no specific provision contained in the Act with regard to the power of the Managing Body to supersede the Managing Committee of a State Unit. However, this Court in **Sunil C.Kurian vs. Union of India [2016 (4) KLT 197],** after considering the entire scheme of the Act, held that the State and District Branches of the Society are under the administrative and supervisory control of the Managing Body of the Society. It was further held that it is for the Managing Body of the Society to take an appropriate action against the State and District Branches of the Society on a complaint being raised against their functioning. 13. The learned Assistant Solicitor General of India would submit that after the election conducted in August, 2016, there was no duly conducted election and that as such, the holding of office by the petitioners styling themselves as the Managing Committee was itself not warranted. It is contended that the petitioners as well as the 4[th] respondent in this writ petition had raised allegations and counter allegations against each other. The contentions raised were clearly serious in nature and involved various allegations in the nature of falsification of accounts, misappropriation and mismanagement. The appointment of the two member committee and the inspection conducted by that committee was a fact which is known to all concerned including the petitioners as well as the 4[th] respondent. It is after **WP(C).No.25971 OF 2019** **12** considering the preliminary report of the committee and after assessing all aspects of the matter including the need for a proper administration that a clearly impartial Interim Committee under the chairmanship of a retired High Court Judge has been formulated for administering the State Unit and for due enquiries into the allegations and counter allegations. 14. In the above view of the matter, I am of the opinion that the contentions raised to the effect that the National Managing body has no power to issue the proceedings in the nature of Exhibits P2 and P3 and that the proceedings are bad for want of notice, cannot be accepted. The petitioners also cannot be heard to say that they were unaware of the allegations and counter allegations raised as against the rival groups. In view of the fact that the tenure of the elected committee had expired on 26.8.2019 and in view of the fact that serious allegations are raised against the election conducted in September, 2019, I am of the opinion that the challenge raised by the petitioners as against Exhibits P2 and P3 cannot be sustained. The impugned orders only contemplate the appointment of an interim committee to look into the allegations with regard to the administration of the State Unit. The period of the interim committee is only six months. The interim committee is empowered to complete the enquiry within the said period and to constitute the new state managing committee. The interim committee is also required to submit a report within three months. In the above view of the matter and in view of the fact that the **WP(C).No.25971 OF 2019** **13** committee is headed by a retired Judge of this Court, the prayers sought for in the writ petition cannot be granted. The writ petition fails and the same is accordingly dismissed. **Sd/-** ## **ANU SIVARAMAN** **JUDGE** np **WP(C).No.25971 OF 2019** **14** ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE MINUTES OF THE KERALA STATE MANAGING COMMITTEE OF IRCS MEETING HELD ON 10.08.2019.** **EXHIBIT P1 A TRUE ENGLISH TRANSLATION OF EXT.P1 MINUTES.** **EXHIBIT P2 TRUE COPY OF THE MINUTES OF THE EXTRAORDINARY MEETING OF THE MANAGING BODY OF THE INDIAN RED CROSS SOCIETY HELD ON 2ND AUGUST 2019.** - **EXHIBIT P3 TRUE COPY OF THE EMAIL COMMUNICATION DATED 27TH AUGUST 2019 SENT BY THE 2ND RESPONDENT TO THE MEMBERS OF THE COMMITTEE AS ALSO TO THE MANAGING COMMITTEE OF THE KERALA BRANCH OF IRCS.** - **EXHIBIT P4 TRUE COPY OF THE LETTER DATED 30.08.2019 ADDRESSED TO THE 1ST RESPONDENT.** **EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 20.09.2019 ISSUED BY THE CHAIRPERSON, INTERIM COMMITTEE, KERALA BRANCH OF IRCS DATED 20.09.2019.** - **EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 20.09.2019 ADDRESSING THE CHAIRMAN OF THE DISTRICT BRANCHES BY THE CHAIRPERSON OF THE INTERIM COMMITTEE.** ## **RESPONDENT'S/S EXHIBITS:** - **ANNEXURE-R1 (a) TRUE COPY OF THE SHOW NOTICE DATED 27.03.2019 ISSUED BY SRI.V.P.MURALEEDHARAN FORMER CHAIRMAN OF IRCS KERALA BRANCH TO SRI.ANIL CHEMBAZHANTHI (FORMER GENERAL SECRETARY) AND SRI.SUNIL KURIAN (FORMER VICE CHAIRMAN) OF IRCS KERALA BRANCH.** **ANNEXURE-R1 (b) TRUE COPY OF THE SHOW CAUSE NOTICE DATED 08.04.2019 ISSUED BY SRI.SUNIL C.KURIAN (LATE) CLAIMING TO BE THEN CHAIRMAN OF IRCS KERALA BRANCH TO SRI.V.P.MURALEEDHARAN FORMER CHAIRMAN** **WP(C).No.25971 OF 2019** **15** |**ANNEXURE-R1**|**(c)**|**TRUE COPY OF THE MINUTES DATED 02.08.2019**| |---|---|---| |||**OF THE MEETING OF THE MANAGING BODY OF IRCS**| |**ANNEXURE-R1**|**(d)**|**TRUE COPY OF LETTER DATED 02.09.2019 OF**| |||**DEPUTY SECRETARY TO SDM, THIRUVANANTHAPURAM**| |**ANNEXURE-R1**|**(e)**|**TRUE COPY OF THE COMMUNICATION DATED**| |||**29.09.2019 OF THE CHIEF MINISTER OF KERALA**| |||**ADDRESSED TO GOVERNOR OF KERALA**| |**ANNEXURE-R1**|**(f)**|**TRUE COPY OF COMMUNICATION DATED 30.09.2019**| |||**ISSUED BY GOVERNOR OF KERALA TO JUSTICE**| |||**LAKSHMIKUTTY/3RD RESPONDENT**|