IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 17418 of 2011(B) ---------------------------------------- PETITIONER(S): ------------------------- K.T.ANOOP, S/O.LATE MADHUSOODHANAN VAZHUNNAVAR, 'ANUSREE', PALAPARAMBA PO, KEEZHOOR, IRITTI,KANNUR DISTRICT. BY ADVS. SRI.K.MOHANAKANNAN, SMT.A.R.PRAVITHA. RESPONDENT(S): ---------------------------- 1. THE DISTRICT EDUCATIONAL OFFICER, THALASSERY 670 101. 2. KANAKATHADATHIL KUNHIMADHAVAN, SREELAKSHMI, KEEZHOOR PO, IRITTY, KANNUR, SECRETARY, IRITTY HIGH SCHOOL SOCIETY, IRITTY, KANNUR 670 703. 3. ABDUL RAHIMAN POYILAN HOUSE, IRITTY, PRESIDENT, IRITTY HIGH SCHOOL SOCIETY, IRITTY, KANNUR 670 703. 4. THE MANAGER, IRITTY HIGH SCHOOL,KANNUR 670 703. 5. THE IRITTY HIGH SCHOOL SOCIETY, REP BY ITS PRESIDENT 670 703. R1 BY GOVERNMENT PLEADER SRI. V. VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17418/2011 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER OF THE 1ST RESPONDENT DTD. 28/07/2010. P2: COPY OF COMMON JUDGMENT IN O.S.432/1990 AND 150/1992. P3: COPY OF THE MEMORANDUM OF ASSOCIATION DTD. 16/06/1955. P4: COPY OF THE BYE-LAW DTD. 31/01/1981. P5: COPY OF THE NOTICE DTD. 25/06/2011 BY THE 1ST RESPONDENT. P6: COPY OF THE OBJECTION FILED BY THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.17418 Of 2011-B -------------------------------------------------- DATED THIS THE 28TH DAY OF JUNE, 2011 J U D G M E N T The Writ Petition is filed challenging the election to the School Society,namely Iritty High School Educational Society, which is registered under the Societies Registration Act. Respondents 2 and 3 have been elected as President and Secretary of the Society. 2. Various allegations have been raised in the Writ Petition with regard to the manner in which the notice was served by the District Educational Officer,who was directed to conduct election by the Civil Court by Exhibit P2 judgment. Since the election of respondents 2 and 3 as Office bearers of the Society as well as the election of other members are being challenged, the remedy of the petitioner is only to file a civil suit and in a Writ Petition under Article 226 of the Constitution of India, this Court will not be justified in entertaining the challenge against an election. Evidently, the issue raised can be considered only after taking evidence. Therefore, leaving open the remedy of the petitioner to file a civil suit, the Writ Petition is dismissed. Sd/-(T.R. RAMACHANDRAN NAIR, JUDGE) dsn