IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT :- THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 W.A.No.1688 of 2011 ---------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).24970/2011 DATED 11/10/2011 .................... APPELLANT (PETITIONER):- ----------------------------------------- DR. T. MUHAMMED, S/O.T.AHAMMED, AGED 63 YEARS, MAYSHA, PANTHALAYANI-MUTHAMBI ROAD, KOYILANDY, CALICUT-673 305. BY ADV. SRI.BIJU ABRAHAM SRI.B.G.BHASKAR RESPONDENTS (RESPONDENTS):- -------------------------------------------------- 1. GOVERNMENT OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, NEW DELHI-110 001. 2. THE DIRECTOR/SECRETARY, JAN SHIKHAN SANSTHAN, 17/1070 TALUK OFFICE ROAD, PUTHIYARA, CALICUT-673 004. 3. K.NARAYANAN NAMBOODIRI, (RECEIVER IN OS 667 OF 2010 MUNSIFF COURT, KOZHIKODE I, M SQUARE BUILDINGS, PAVAMANI ROAD, CALICUT-4. R1 BY ASST. SOLICITOR GENERAL OF INDIA SRI.P.PARAMESWARAN NAIR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON 16/11/2011 DELIVERED THE FOLLOWING:- vku/- C.N.Ramachandran Nair & K.Vinod Chandran, JJ. ----------------------------------------------- W.A.No.1688 of 2011 ------------------------------------------------ Dated this, the 16th day of November, 2011 JUDGMENT K.Vinod Chandran,J.: The appellant, a founder member of the Jan Shikhsan Sansthan (for short “JSS”), Calicut, a society registered under the Societies Registration Act, 1860, unsuccessfully challenged the order of the 1st respondent appointing the 3rd respondent as the Chairman of the Society. 2. The appellant contends that the appointment of the 3rd respondent, by Exhibit P5, is against the bye-laws/guidelines issued by the Government of India and produced by the appellant as Exhibit P3 in the writ petition. According to the appellant, the JSS, Calicut is sponsored by a voluntary agency, called “the Association for the Welfare of the Handicapped” (AW H). By virtue of Exhibit P3, more specifically Clause 20.1, the appellant asserts that in case of a JSS being under the aegis of a voluntary organisation, the Chairman of the voluntary organisation will be the Chairman of JSS and by virtue of the third proviso if the Chairman of the parent W.A.No.1688/2011 - 2- voluntary organisation ceases to be Chairman of the JSS; then the Governing Body of the parent voluntary organisation shall nominate one of its members to be Chairman. The appellant also asserts, without producing the bye-laws of the AW H, that the membership of the parent society is restricted to Muslims and, hence, the appointment of the 3rd respondent by Exhibit P5 is further vitiated. 3. The learned Single Judge noticed that admittedly the Governing Body of AW H is no longer in existence and the Civil Court has appointed a Receiver, the 3rd respondent, entrusting him with the charge of the affairs of the Society. In view of the said circumstance, which does not permit nomination of any member of the Governing Body, the learned Single Judge upheld the nomination of the 3rd respondent by Exhibit P5. It is pertinent to note that by Clause 16 of Exhibit P3, the Government of India has been conferred with the residual powers, by which it is declared that the Chairman and Member Secretary of the JSS will remain in office only as long as they enjoy the confidence of the Government of India and that the Government of India will have the final say as far as their membership and the term of office is concerned. WA.1688 of 2011 - 3 - 4. In the fact situation of the Governing Body of the parent society being not in existence and having regard to the fact that the 3rd respondent is the Receiver appointed by the Civil Court to manage the affairs of the parent society, we are of the view that the judgment of the learned Single Judge does not warrant any interference. The Writ Appeal fails and it is, accordingly, dismissed. C.N.Ramachandran Nair, Judge K.Vinod Chandran, Judge. vku/-