IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 WP(C).No. 37299 of 2008(M) -------------------------- PETITIONER(S): --------------- SHIBU CHALI, AGED 38, S/O.CHALI, PEEDAKERI, VETTILAPPARA P.O., KANNAMKUZHI, THRISSUR. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT. FOREST DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIVISIONAL FOREST OFFICER,(CHIEF EXECUTIVE OFFICER), OFFICE OF THE DIVISIONAL FOREST OFFICE, VAZHACHAL DIVISION, THRISSUR. 3. RANGE OFFICER, CHARPA RANGE, THRISSUR. 4. ATHIRAPPALLY V.S.S. REP. BY ITS SECRETARY, ATHIRAPPALLY, THRISSUR. BY GOVT. PLEADER SRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.37299/2008 ------------------------ Dated this the Ist day of January, 2009. JUDGMENT The prayer in this writ petition is to quash Exts.P3 and P4 and to direct the 2nd respondent to conduct elections in terms of Ext.P1 bye-laws to the Executive Committee of A.V.S.S. According to the petitioner, though the two year term of the Executive Committee has already expired, by Exts.P3 and P4, the Executive Committee is continuing in office on an ad hoc basis, while at the same time, the election is postponed indefinitely. It is contended that the said action of the respondent is against the terms of Ext.P1 bye-laws. 2. A perusal of Ext.P1 bye-law itself sows that the term of the Executive Committee is two years. Provisions have also been incorporated enabling the continuance of the Executive Committee beyond the said term. However, the bye-laws requires the DFO to conduct election and hand over charge to the newly elected Executive Committee. 3. Now that the two year period of the Executive Committee is over it is essential that the 2nd respondent should conduct election to the Executive Committee as contemplated in Ext.P1. This the second respondent shall do and ensure that the Executive Committee is elected and is installed on an expeditious basis. Writ Petition is disposed of as above. petitioner shall produce a copy of the judgment before the 2nd respondent, who shall take expeditious steps in his regard. (ANTONY DOMINIC) JUDGE vi/