IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 30026 of 2008(Y) -------------------------- PETITIONER(S): --------------- K.R.RAJ, S/O.RAMANATHAN, TC 28/728 KAMALALAYAM, PUNNAPURAM, KAITHAMUKKU, TRIVANDRUM-24. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. INDIAN RED CROSS SOCIETY, KERALA STATE BRANCH, RED CROSS BUILDING, OPP.GENERAL HOSPITAL, TRIVANDRUM REPRESENTED BY ITS ADMINISTRATOR. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 3. THE ADMINISTRATOR, INDIAN RED CROSS SOCIETY, KERALA STATE BRANCH, RED CROSS BUILDING TRIVANDRUM. BY GOVT. PLEADER SRI. V. MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the Identity Card of the petitioner. Ext.P2. True copy of the order dated 31.12.2004. Ext.P3. True copy of the order dated 18.7.2008. Ext.P4. True copy of the order dated 6.8.2008 of the Lok Ayuktha. // true copy// P.S to Judge. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.30026 OF 2008 (Y) -------------------------------------------------- Dated this the 22nd day of March, 2010 J U D G M E N T In this writ petition the only direction that is sought for by the petitioner is to direct the first respondent to conduct election to its Executive Committee by convening a General Body meeting. The first respondent, the Indian Red Cross Society is functioning under the provisions of the Indian Red Cross Society Act, 1920. According to the petitioner, in terms of clause 29 of the bye laws, the first respondent has to convene a General Body Meeting exclusively for the purpose of election of its office bearers and members of the Executive Committee. It is stated that the Executive Committee in office was superseded by Ext.P2 Government Order and that thereafter by Ext.P3, the Government appointed a Adhoc Committee. It is stated that under the bye laws, the maximum term of the Adhoc Committee can be 6 months. According to the petitioner, although Ext.P3 was issued as early as on 18.7.2008, so far election has not been held to the Executive Committee. It is with this grievance that this writ petition is filed. WPC.No.30026 /08 :2 : 2. As per clause 29 of the bye laws election to the Executive Committee has to be held by the first respondent by convening a General Body. Admittedly, since 18.7.2008, the Adhoc Committee is in office. Since the maximum tenure of an Adhoc Committee is only 6 month, election is long over due. In view of this I dispose of this writ petition directing the first respondent to convene a General Body in terms of the bye laws and conduct election to the Executive Committee of the first respondent. This the first respondent shall do as expeditiously as possible and conclude the election process at any rate within 6 months from the date of production of a copy of the judgment along with a copy of this writ petition. (ANTONY DOMINIC) JUDGE vi/ WPC.No.30026 /08 :3 :