IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 3483 of 2010(I) ------------------------- PETITIONER(S): --------------- 1. SUNIL CHANDRAN GOVT. H.S.S, POOVATHOOR, IRINJAYAM PO THIRUVANANTHAPURAM. 2. A.SHAJI GOVT. U.P.S.,ATTUKAL PO,THIRUVANANTHAPURAM. 3. T.I.MADHU GOVT. U.P.S.M UZHAMALAKKAL, PUTHUKULANGARA PO, THIRUVANANTHAPURAM. 4. R.GANAPATHY POTTY GOVT. L.P.S.,ARUVIKKARA PO THIRUVANANTHAPURAM. 5. A.SALIM, GOVT.L.P.S,KULAPPADA PO, NEDUMANGAD. 6. V.S.PUSHPARAJ GOVT. U.P.S.,ATTUKAL PO,THIRUVANANTHAPURAM. BY ADV. SRI.A.RAJASIMHAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. SHAJAHAN, PRESIDENT G.S.T.U ATTINGAL EDUCATION DISTRICT COMMITTEE GOVT.H.S.S,KILIMANOOR PO,THIRUVANANTHAPURAM. 3. MANOJ.B.K, SECRETARY G.S.T.U ATTINGAL EDUCATION DISTRICT COMMITTEE GOVT.H.S.S,PAKALKURI PO,THIRUVANANTHAPURAM. THIRUVANANTHAPURAM. 4. J.SASI, P.N.M.H.S.S. KOONTHALOOR, CHIRAYINKEEZHU PO,THIRUVANANTHAPURAM 5. R.SREEKUMAR, DIET ATTINGAL PO,THIRUVANANTHAPURAM. 6. SALIMON KURIAN, GOVT.UPS VENKOTTUMUKKU, VATTAPPARA PO THIRUVANANTHAPURAM. 7. S.NIZAMUDHEEN, GOVT.UPS PERINGAMMALA.PO, NEDUMANGAD. 8. GOPALAKRISHNAN NAIR, GOVT. GIRLS H.S.S MITHRUMMALA PO,THIRUVANANTHAPURAM. 9. ALEXANDER BABY, GOVT. H.S.S. THATTATHUMALA PO,THIRUVANNATHAPURAM. 10. V.RAJU, GOVT.H.S.S KODUVAZHANOOR PO, THIRUVANANTHAPURAM. GOVT. PLEADER SRI.T.T.MAHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 3483 of 2010 ================== Dated this the 3rd day of February, 2010 J U D G M E N T The petitioners are members of a teachers' association. They are aggrieved by the election conducted for electing the office bearers of the association. Under the bye-laws of the association, there is a provision for constitution of an Election Tribunal for considering the complaints of the members against the election. According to the petitioners, the petitioners are deprived of their chance to raise grievance before an Election Tribunal, since the association has not constituted the Election Tribunal as contemplated by the bye-laws. Therefore, the petitioners have filed this writ petition seeking the following reliefs: “1. Issue a writ of mandamus, or any other writ, order or direction, directing the respondents 2 and 3 to constitute an election tribunal as mandated under rule XVII (a) of Ext.P1 byelaw and decide the election disputes arising from the election held on 26.1.2010 in the Attingal Education District Committee of the Govt. School Teachers Union. 2. Issue a writ of mandamus, or any other writ, order or direction, directing the 1st respondent to ensure the strict compliance of the approved byelaws by the recognised service associations and respondents 2 to 10. 3. Declare that the respondents 4 to 10 are not entitled to vote in the State Committee of the Govt. School Teachers Union till the election dispute is adjudicated by the election tribunal constituted under Rule XXII (a) of Ext.P1 bye law.” 2. According to the petitioners, since the bye-laws are 2 approved by the Government and the Government has granted recognition to the association, the Government ought to see that the association complies with the approved bye-laws. 3. I have heard the learned counsel for the petitioners and the learned Government Pleader. 4. I am not satisfied that this writ petition is maintainable for the relief prayed for in the writ petition. Admittedly, respondents 2 to 10 are office bearers of an association. They are not discharging any public duties in so far as the prayers in this writ petition are concerned. As such, this Court cannot issue a writ against them as claimed in the 1st prayer. As far as second and third prayers are concerned, I am not satisfied that the Government has any statutory duty to interfere with the inter se disputes between the members of the association and the association itself, simply because the Government has recognised the association. I am of opinion that the petitioners' remedy lies in filing a suit before the appropriate civil court. Therefore, I am not inclined to entertain this writ petition. Accordingly, the writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3