IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 WP(C).No. 26090 of 2010(I) -------------------------- PETITIONER(S): --------------- VELLAPALLY NATESAN, GENERAL SECRETARY ARUVIPURAM SREE NARAYANA DHARMA PARIPALANA YOGAM (SNDP YOGAM), KOLLAM. BY ADV. SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN (MVA) SRI.A.R.EASWAR LAL RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO HOME DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. DEPUTY SUPERINTENDENT OF POLICE, KOLLAM, PIN-691 001. 3. THE CIRCLE INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM, PIN-691 001. 4. SUB-INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM, PIN-691 001. 5. B.PURUSHOTHAMAN, MANIMANTHIRAM, ERAVIPURAM KOLLAM 6. PROF.MOHANDAS, THUSHARA, THOPIL KADAMPU KOLLAM (ADDL.R5 AND R6 IMPLEADED AS PER ORDER DT.19.08.2010 IN IA 11803/10) ADV. SRI.A.SUDHI VASUDEVAN FOR ADDL.R5-6 SMT.K.PUSHPAVATHI FOR ADDL.R5-6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 26090/10 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 TRUE COPY OF THE NEWSPAPER REPORT DT.3.7.2009 PUBLISHED IN KERALA KAUMUDI EXT.P2 TRUE COPY OF THE NEWSPAPER REPORT IN KERALA KAUMUDI DAILY DT.4.7.2009 EXT.P3 TRUE COPY OF THE REPORT IN KERALA KAUMUDI DAILY DT.4.7.2009 EXT.P4 TRUE COPY OF THE PHOTOGRAPH OF GENERAL SECRETARY, GARLANDED WITH CHAPPALS EXT.P5 TRUE COPY OF NOTICE DT.10.08.2010 INTIMATING THE ANNUAL GENERAL BODY MEETING AND ELECTION EXT.P6 TRUE COPY OF THE RULES OF THE SNDP YOGAM EXT.P7 TRUE COPY OF THE ELECTION RULES OF SNDP YOGAM EXT.P8 TRUE COPY OF THE REPRESENTATION FILED BEFORE R2 TO R4 EXT.P9 TRUE COPY OF THE REPRESENTATION FILED BEFORE R2 TO R4 EXT.P10 TRUE COPY OF THE NEWS AND PHOTOGRAPH IN MALAYALA MANORAMA DAILY DT.18.08.2010 TRUE COPY PA TO JUDGE THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ. -------------------------------------------------- WP(C) No.26090 of 2010-I -------------------------------------------------- Dated 30th August 2010 Judgment This Writ Petition is filed, invoking Article 226 of the Constitution of India. Issuance of directions to provide effective and meaningful police protection for the conduct of the 105th Annual General Body Meeting and election of office bearers of Aruvipuram Sree Narayana Dharma Paripalana Yogam (SNDP) Yogam) Kollam, is sought for. It is stated that the meeting is scheduled to be held on 04.09.2010 at the SN College Auditorium, Kollam. 2. We have before us, the petitioner, who is now, the General Secretary of the SNDP Yogam and additional respondents 5 and 6, who were impleaded at a later point of time. They are stated to be permanent members of the Yogam. We record these facts in terms of the submissions on behalf of the learned counsel appearing for the petitioner and the additional respondents. WP(C) No.26090/10 2 3. For the election in question, Special Government Pleader Mr.P.Santhoshkumar is appointed by the Yogam as the Returning Officer. He is present before us, as requested by the Court in the morning session. 4. While the petitioner seeks a direction for appointment of an Observer to oversee the election, which is Relief No.2 in the Writ Petition, we are clear in our mind that consideration of the grant of such a relief is beyond the jurisdiction under Article 226 of the Constitution. The appointment of an Observer is sought for in relation to the election of office bearers of a body, which is stated to have been registered as a non-trading company. We are also told that the 5th respondent had filed a suit before the Munsiff's Court, Kollam and an interlocutory application for temporary injunction is pending. The learned counsel for the petitioner states that one Shri.M.Gopalan had filed yet another suit and the application for temporary injunction in that suit was dismissed. We are not going into any of those matters. It is not within the domain of jurisdiction of courts WP(C) No.26090/10 3 to interfere with the process of election, as of now. 5. Beyond that, is the fact that under Article 226 of the Constitution, this Court would loathe interfere with elections, that too, in relation to private bodies like the Yogam. Though the learned counsel for the petitioner stated that this Court had earlier appointed Observers, we have noticed that such orders were issued either in revisional or supervisory jurisdiction, in relation to civil suits pending before the sub-ordinate courts. In hand, is a Writ Petition, seeking police protection, invoking Article 226 of the Constitution of India. 6. We have issued an order on 19.08.2010, directing that the police officials will ensure that law and order is maintained and any request of any among the parties shall be acted upon strictly in accordance with law. That is the bare minimum that a State has to ensure in all situations. Therefore, we make that order absolute and further order that if any among the parties have any grievance in relation to the matter of protection being WP(C) No.26090/10 4 accorded by the Police, such parties will be at liberty to move the District Magistrate (District Collector), Kollam, for further directions, if needed. We clarify that nothing stated herein nor in the order dated 19.08.2010, will stand in the way of the parties, seeking any relief from any court or other forum, including the Company Law Board, in relation to the result of the election. The Writ Petition is ordered accordingly. THOTTATHIL.B.RADHAKRISHNAN, JUDGE P.BHAVADASAN, JUDGE sta/30.08. WP(C) No.26090/10 5