T K Chandrasekharan & others v NHANGATTUR Education Society & others (W.P.(C) Nos. 25124/2017 & 26106/2017)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY, THE 06TH DAY OF AUGUST 2020 / 15TH SRAVANA, 1942** ## **WP(C).No.25124 OF 2017(M)** ## **PETITIONERS:** **1 T K CHANDRASEKHARAN AGED 59 YEARS, S/O RAMAN EZHUTHACHAN,THANNIKUNNATH HOUSE, PO.NHANGATTIRI,PALAKKAD DISTRICT.** - **2 T.K. RAVEENDRAN AGED 60 YEARS, S/O SAMBHU EZHUTHACHAN,THANNIKUNNATH HOUSE, P.O.NHANGATTIRI,PALAKKAD DISTRICT.** **3 T. SAJITHA THEKKEDATH MANA, P.O.NHANGATTIRI,PALAKKAD DISTRICT(PRESENTLY RESIDINGAT MANGATHAYA ILLAM, (PRESENTLY RESIDING ATMANGATHAYA ILLAM, PERUMANNA POST,CALICUT.673019)** - **4 T.M. GOURI** - **D/O NARYANAN NAMBOOTHIRI, MARATH HOUSE,THIRUMITTAKODE PO, OTTAPALAM (VIA)PALAKKAD DISTRICT, REPRESENTED BY HER POWERPOWER ATTORNEY.SRI. C.N. SURESH,S/O T.M.NARAYANA MARAR, "ATHIRA", THAREKKAD GRAMAM,PALAKKAD. 678007.** ## **BY ADVS. DR.GEORGE ABRAHAM SRI.DOMINIC JOSE** ## **RESPONDENTS:** - **1 NHANGATTUR EDUCATION SOCIETY REPRESENTED BY ITS PRESIDENT,AIDED U.P SCHOOL COMPOUND,NHANGATTIRI PO, PALAKKAD DISTRICT. 679311.** - **2 H. NARARAYANAN** **S/O (LATE) N.P. ACHUTHA PISHARADI,"PISHARAM", NHANGATTIRI PO,PALAKKAD DISTRICT. 679311.** - **3 A.V NARAYANAN** **S/O VASUDEVAN NAMBOOTHIRI, AKKOORATH MANA,MATTAYA, NHANGATTIRI PO, PATTAMBI,PALAKKAD DISTRICT. 679311.** **WP(C) NOS.25124/2017 & 26106/2017** **2** - **4 T.K. SUDHAKARAN S/O RAMAN EZHUTHACHAN,THANNIKUNNATH HOUSE, MATTAYA,NHANGATTIRI PO, PALAKKAD DISTRICT.679311.** - **5 N.P DEVESAN S/O PARU PISHARASSYAR, PISHARAM,NHANGATTIRI PO, PATTAMBI, PALAKKAD DISTRICT.679311.** - **6 ASSISTANT EDUCATIONAL OFFICER THRITHALA, PALAKKAD.699534.** - **7 DISTRICT EDUCATIONAL OFFICER OTTPALAM, PALAKKAD. 6791101.** - **8 DEPUTY DIRECTOR OF EDUCATION PALAKKAD. 678001.** - **R1 BY ADV. SRI.K.JAJU BABU (SR.) R1 BY ADV. SRI.K.JAJU BABU SR. R1 BY ADV. SRI.S.M.PREM R1 BY ADV. SRI.P.RAMACHANDRAN PALAKKAD R1, R4 BY ADV. SRI.SANTHEEP ANKARATH R1, R3 BY ADV. SMT.M.A.ZOHRA** ## **OTHER PRESENT:** ## **SRGP.SRI.P.M.MANOJ** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.08.2020, ALONG WITH WP(C).26106/2017(K), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NOS.25124/2017 & 26106/2017** **3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY, THE 06TH DAY OF AUGUST 2020 / 15TH SRAVANA, 1942 WP(C).No.26106 OF 2017** ## **PETITIONERS:** |**1**|**H. NARAYANAN**| |---|---| ||**S/O.THE LATE N.P.ACHUTHA PISHARADY, 'PISHARAM',**| ||**NHANGATTIRI PO, PATTAMBI, PALAKKAD 679 303.**| |**2**|**THE NHANGATTUR EDUCATION SOCIETY REGISTRATION NO. 3**| ||**OF 1956**| ||**REP. BY ITS PRESIDENT& MANAGER, AIDED U.P.SCHOOL,**| ||**NHANGATTU, H.NARAYANAN, NHANGATTIRI PO, PALAKKAD**| ||**679 303.**| |**3**|**DR.T.K.SUDHAKARAN**| ||**S/O.RAMAKRISHNAN, HOUSE NO. A5, GOLDEN ENCLAVE,**| ||**CHEVAYOOR PO, KOZHIKODE 673 017.**| |**4**|**DR.A.V.NARAYANAN**| ||**S/O.VASUDEVAN NAMBOOTHIRI, AKKOORATH MANA, MATTAYA,**| ||**NHANGATTIR PO, PALAKKAD 679 303.**| |**5**|**N.P.DEVASAN SO.PARU PISHARASSYAR PISHARAM**| ||**NHAGATTIRI PO**| ||**PATTAMBI, PALAKKAD 679 303.**| **BY ADVS. SRI.S.M.PREM SRI.K.JAJU BABU (SR.) SRI.P.RAMACHANDRAN (PALAKKAD)** ## **RESPONDENTS:** **1 STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 ASSISTANT EDUCATIONAL OFFICER** **WP(C) NOS.25124/2017 & 26106/2017** **4** ## **THRITHALA, PALAKKAD 679 534.** **3 T.K.CHANDRASEKHARAN S/O.RAMAN EZHUTHACHAN, THANNIKUNNATH HOUSE, NHANGATTIRI PO, PALAKKAD 679 303.** - **4 T.K.RAVEENDRAN** **S/O.SAMBHU EZHUTHACHAN, THANNIKUNNATH HOUSE, NHANGATTIRI PO, PALAKKAD 679 303.** - **5 T.SAJITHA** **THEKKEDATH MANA, NHANGATTIRI PO, PALAKKAD 679 3030, (NOW RESIDING AT MANGATHAYA ILLAM, PERUMANNA PO, KOZHIKODE 673 019)** - **6 T.M.GOURI** **D/O.THE LATE NARAYANAN NAMBOOTHIRI, MARATH HOUSE, THIRUMITTAKODE PO, (VIA) OTTAPPALAM, PALAKKAD, REP. BY HER POWER OF ATTORNEY, C.N.SURESH, S/O.T.M.NARAYANAN MARAR, "ATHIRA", THAREKKAD GRAMAM, PALAKKAD 678 007.** **R1, R3 BY ADV. DR.GEORGE ABRAHAM R1, R5 BY ADV. SRI.V.A.MUHAMMED** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.08.2020, ALONG WITH WP(C).25124/2017(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NOS.25124/2017 & 26106/2017** **5** ## **JUDGMENT** ## **Dated this the 6th day of August 2020** As the dispute in both these writ petitions is with respect to the election to the governing body of the Njangattur Educational Society, the writ petitions are heard and disposed of by this common judgment. The parties and documents referred to in this judgment would be as described in the W.P.(C) No. 25214 of 2017 unless specified otherwise. 2. An Advocate Commissioner was appointed by this Court to conduct the election as per Ext P5 judgment dated 07.07.2017 in W.P.(C) No. 20771 of 2017 filed by one A.V. Narayanan-the 3[rd] respondent. On receipt of notice from the Advocate Commissioner with respect to election scheduled on 09.07.2017, the petitioners filed W.A. 1432 of 2017, pointing out that the society or its members were not made parties to the Writ Petition and that it was filed in collusion with the 2[nd] respondent. As per Ext.P7 judgment dated 07.07.2017, this Court disposed of the writ appeal with the following **WP(C) NOS.25124/2017 & 26106/2017** **6** directions: _i. The Advocate Commissioner Sri.M.P.Sreekrishnan shall postpone the election that is scheduled to the conducted on 9.7.2017, shall reschedule the same to 23.7.2017 and shall conduct the same on the said date as per a revised schedule to be issued. The election shall be conducted in accordance with the rules of the Society as ordered by the learned Single Judge._ _ii. With respect to the eligibility/ineligibility of the 3[rd] appellant to participate in the election, the Advocate Commissioner shall take a decision, after perusing the order of exemption that is stated to have been given by the Government to the 3[rd] appellant. The Advocate Commissioner shall verify whether such exemption has been obtained after 15.7.2014, the date of Ext.P3 judgment._ _iii. The Advocate Commissioner shall submit a report to this Court after the election is conducted, within a period of two weeks thereafter, as already ordered by the learned Single Judge._ _iv. The Advocate Commissioner shall in addition submit a report to the Assistant Educational Officer concerned after the election_ _v. The Assistant Educational Officer shall thereafter pass orders on the basis of the report of the Advocate Commissioner approving the appointment of the person elected as the President of the Society as the Manager of the School._ _vi. The other conditions in the judgment of the learned Single Judge regarding remuneration of the Advocate Commissioner and_ **WP(C) NOS.25124/2017 & 26106/2017** **7** _related matters shall remain unaltered._ 3. It is stated that pursuant to the directions in Ext P7 judgment, election was conducted on 23.07.2017 and the Advocate Commissioner filed Ext.P10 report before this Court, in the writ Appeal, which was already disposed of. The petitioners herein filed R.P.No.765/2017 against the Ext P7 judgment in the Writ Appeal and this Court, as per Order dated 4.10.2017 clarified the judgment as follows: _“It is accordingly clarified that our intention while permitting the present Manager to continue in office was only to ensure that until the new Manager, who was to be elected, takes charge, the students and staff of the School shall not suffer due to the absence of a proper Manager. Since the validity of the election that was conducted is the subject matter of other proceedings before the learned Single Judge, it is for the said Court to put an appropriate arrangement in place for the purpose of taking care of the interests of the School, until the matter is finally decided.”_ 4. In the meanwhile petitioners ad filed W.P(C)No.25124/2017 challenging the declaration of the result made by the Advocate Commissioner Ext.P10 report **WP(C) NOS.25124/2017 & 26106/2017** **8** dated 26.7.2017; for declaration that petitioners 1 and 2 have won the election, etc and for incidental reliefs. The respondents 1 to 5 have filed W.P(C)No.26106/2017 seeking an order approving the report submitted by the Advocate Commissioner declaring the results of the election conduced on 23.7.2017 and that petitioners 1 and 3 were duly elected to the Society. They have also challenged the permission granted by Government to the 3[rd] petitioner to be a member of the governing body. 5. On 28.07.2017, when this writ petition came up for consideration, this Court as per order dated 29.8.2017 directed the 6[th] respondent, the Assistant Educational Officer not to approve the second respondent as the Manager of the Aided UPS, Nhangattur. That interim order continues to be in force. 6. As the issue raised by the petitioners in both these cases is in respect of the validity of an election held in 2017, it is relevant to note that the the Division Bench has considered a similar issue in **WP(C) NOS.25124/2017 & 26106/2017** **9** ## W.A.No.1534/2019 where it was held as follows: _“As already stated, the writ petition was filed seeking for a direction to conduct election in respect of a corporate management. Though a corporate management conducts the school based on the directions issued by the Educational Authorities and the Government, as the case may be, as far as election to the corporate management is concerned, it is purely a private affair and it has nothing to do with any such public function. Therefore, a request for conducting election in a private body is not a matter which could be adjudicated by this Court. The remedy lies elsewhere by filing a suit. It shall be open for either of the parties, who are aggrieved by the nonconduct of election to approach the civil court in appropriate proceedings. We are of the view that the writ petition itself is not maintainable and it has to be dismissed.”_ 7. In view of the aforesaid judgment, no relief can be granted in both these writ petitions. The petitioners are free to approach the civil court and get the validity of the election adjudicated, if so advised. It is made clear that the direction of this court to the Advocate Commissioner to conduct the election or the fact that the Advocate Commissioner conducted the election based on the direction of this court will not be a factor relevant for such **WP(C) NOS.25124/2017 & 26106/2017** **10** adjudication. However there should be a Manager for the school at least for since there should be a Manager for this School, at least for the day to day affairs of the School; this court has not permitted approval of the 2[nd] respondent as Manager of the School. In order to see that there is no vacuum in the Managership of the School, I deem it appropriate to direct the Assistant Educational Officer to function as ad-hoc Manager till a new Manager takes charge on the basis of election or on the basis of orders if any to be passed by any court. ## **Sd/-** **P.V.ASHA** **JUDGE** ## **AJ** **WP(C) NOS.25124/2017 & 26106/2017** **11** ## **APPENDIX OF WP(C) 25124/2017** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF THE SOCIETY WITH RULES AND REGULATIONS, EXHIBIT P2 TRUE COPY OF THE COMMON JUDGMENT. EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WP(C) 19978/2007 DATED 15.7.2014. EXHIBIT P4 TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER DATED 14.7.2014. EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WP(C) NO.20771/17 DATED 28.6.2017. EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 1.7.2017 ISSUED BY THE ADVOCATE COMMISSIONER. EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WRIT APEAL NO.1432/2017 DATED 7.7.2017. EXHIBIT P8 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER POSTPONING THE ELECTION TO 23.7.2017. EXHIBIT P9 TRUE COPY OF THE LIST OF MEMBERS OF THE NHANGATTUR EDUCATIONAL SOCIETY. EXHIBIT P10 TRUE COPY OF THE REPORT FILED BY THE ADVOCATE COMMISSIONER ALONG WITH THE ENCLOSURES, FILED ON 26.7.2017. EXHIBIT P11 TRUE COPY OF THE POWER OF ATTORNEY DATED 22.7.2017 EXECUTED BY THE 4TH PETITIONER.** **WP(C) NOS.25124/2017 & 26106/2017** **12** ## **APPENDIX OF WP(C) 26106/2017** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF THE NHANGATTUR EDUCATION SOCIETY WITH CERTIFICATE OF REGISTRATION DATED 25.4.1956 AND RULES AND REGULATIONS OF THE SOCIETY EXHIBIT P2 TRUE COPY OF COMMON JUDGMENT DATED 16.6.2014 IN WPC NO. 14240 OF 2014 EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 15.7.2014 IN WPC NO. 19778 OF 2007 EXHIBIT P4 TRUE COPY OF JUDGMENT DATED 27.3.2017 IN WPC NO. 10504 OF 2017 EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 28.6.2017 IN WPC NO. 20771 OF 2017 EXHIBIT P6 TRUE COPY OF THE NOTICE OF THE ELECTION ISSUED BY THE ADVOCATE COMMISSIONER DATED 1.7.2017 EXHIBIT P7 TRUE COPY OF THE JUDGMET DATED 7.7.2017 IN WA NO. 1432 OF 2017 EXHIBIT P8 TUE COPY OF THE LIST OF MEMBERS PUBLISHED ON 23.7.2017 EXHIBIT P9 TRUE COPY OF GO(RT) 2416/2017/G.EDN DATED 21.7.2017 EXHIBIT P10 TRUE COPY OF THE ADVOCATE COMMISSIONER'S REPORT FILED ON 26.7.2017 EXHIBIT P11 TRUE COPY OF ELECTION NOTICE DATED 22.06.2020 ISSUED TO THE 4TH RESPONDENT. EXHIBIT P12 TRUE COPY OF REPLY DATED 26.06.2020 GIVEN BY THE 4TH RESPONDENT. EXHIBIT P13 TRUE COPY OF THE NOTICE DATED 04.07.2020 ISSUED TO THE 4TH RESPONDENT.**