sreevidyaprakasini sabha writ petition by vk rajendran - sreevidyaprakasini sabha

8/7/2019 SREEVIDYAPRAKASINI SABHA WRIT PETITION BY VK RAJENDRAN - SREEVIDYAPRAKASINI SABHA

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BEFORE THE HONOURABLE HIGH COURT OF KERALA, ERNAKULAM

(Special Original Jurisdiction)

W.P. (C) No. of 2011

Between

V.K.Rajendran, Valathara House, Kudilimukku, PetitionerDSC Quarters , Kochi-682021Kerala

And

1. State of Kerala ,Represented by Chief Secretary,Secretariat, Thiruvananthapuram.

2. District Registrar (General)/Registrar of Societies, RespondentsOffice of the District Registrar, Thrissur.

3. Sree Vidyaprakasini Sabha,Reg. No. 7/1120, Elthuruth P.O,Kodungallur, Thrissur-680664Represented by its Secretary

WRIT PETITION (CIVIL) FILED UNDER ARICLE 226 OF THE CONSTITUTION OF INDIA

Address for the Petitioner is that of his counsels Benoy K. Kadavan & Dominic Johnson , Advocates, 4 th floor, I S Press Building, B anerjee Road, Kochi-18., All notices and Processes upon the respondent may be served on their above shownaddress or on their counsel, if any engaged. Petitioners above named beg leave to submit as follows:-

Statement of Facts. 1. Petitioner is a Group A Gazetted Officer with Ministry of Defence, DRDO (NPOL), Kochi-21, Petitioner is also a member of the 3rd respondent Society, registered under the Travancore-Cochin literary, Scientific and Charitable SocietiesRegistration Act,1956 (herein after referred to as the act ). The society was formed in the year 1912 with an objective to conduct daily pujas and festivals in the Sreekumara Subramanian Temple Elthuruth. The objectives also provided for thebetterment of Education, religion, Charity, health of the members belonging to Ezhava community. The majority of the members are poor and uneducated.

]cmXnmc cmPycma{mebn {Kqv A KkUv Hmôkdmbn tPmen sNpbmfpw aqmw {]Xnk`bnsesaw_dpw B. (Cu k` XnhnXmwIq sImn kmlnXy, imkv{Xob, [mnI kwL cPn{m \nbaw1956 {]Imcw {]hn kwLam). Cu k` 1912 cq]wsIm Xpw, CXns Dti, {ioamckp{_WytImhnense \nXy]qPIfpw, Dhfpw \Smw, P\fpsS CSbn hnZym`ymkw, aXw, [w, BtcmKywFnhsb ]cnt]mjnnhmw DXm. k`bnse `qcn`mKw AwKfpw \n[\w, hnZym`ymk]cambn]ntmw \nhamWv.2. The present Governing Body of the 3rd res pondent society was elected on the General body Meeting held on 30.03.2008. The president and Secretary were elected from the Governing Body. The president and Secretary are brothers in law.

As per Sec.7 of the Act and clause 22(4) of the Original Memorandum and Articles of association of the Soci ety, the period of the Governing Body is only one year and it expired on March,2009. An extract of the memorandum and articles of association showing clause 22(4) is produced herewith and marked as Exhibit P1 . The present Governing Body i s still continuing even after a period of around 3 years. Such an action of the Governing Body are absolutely illegal. On questioningthe authority , by virtue of which they have been continuing as Governing Body, they say that, as per Clause 21(1) (A) of the Memorandum Of Association and Articles of Association of the socie ty brought in by the amendment made in18.2.2007, the period of Governing Body of the Society is 3 y ears. A copy of the said clause in the amended Memorandum and articles of association is produced herewith and marked as Exhibit P2.

k`bnse Ctmgp `cWkanXnsb 30.3.2008 \S s]mXptbmKn XncsSpXmWv. {]knUns\bpw,sk{Idnsbbpw `cWkanXnbn \nw XncsSpnpXmWv. {]knUpw, sk{Idnbpw, AfnbmcmWv. ta\nbaw skIvj 7 {]Imchpw, k`bpsS A \nbamhenbnse 22(4) {]Imchpw, H `cWkanXnbpsS Imemh[n Hhjw am{XamsWw AXv 2009 amn ImelcWsXpamWv. k`bpsS A \nbamhenbpsS {]k`mKCtXmsSmw {]Zinnncn. k`bnse Ctmgp `cWkanXn Ign aqhjtmfambn A[nImcnXpSIbmWv. Ccnep `cWkanXnbpsS {]hnI \nbahnam.CXns\dnv `cWkanXntbmSv tNmZntm, `mKw 21(1) ( A) {]Imcw 18.2.2007 tN s]mXptbmKn \nbamhen t`ZKXn sNbvXv aqhjamnsbmWv `cWkanXnm AdnbnXv. \nbamhen t`ZKXn sNbvXXns {]k`mKCXnt\msSmw c mw \dmbn {]Zinnncn.3. It is submitted that, the 3rd respondent Society has amended the provision in violation of the Statute. Sec. 7 of the Act, mandates that, the Governing Body must be elected in all Annual General Meetings. The petitioner filed a query under

The Right to Information act,2005, before the 2nd Respondent Registrar, and the Registrar had explicitly stated that, the amendment made in the Byelaws increasing the term of Governing Body to 3 years is illegal as it is against the Sec. 7 of the Act. A true copy of the communication given by the 2nd Respondent is produced herewith and marked as Exhibit P3. More over, in order to hide the illegality, the 3rd respondent society has not submitted the copies of the amendmentbefore the 2nd Respondent as required by Sec.22 of the Act. The query made under the Right to Information Act, made before the First respondent is produced herewith and marked as Exhibit P4 and the answer given by the 2nd Respondentis produced herewith and marked as Exhibit P5 . In Exhibit P3, the Registrar Explicitly states that, no documents have been filed by the 3rd respondent society since 30.08. 2006. Thus the last documents submitted before the Registrar was theannual accounts for the year 2004-20 05. At this juncture it, need to be stated that, as the society has not filed the amendment with the first respondent registrar, the amendment has not come into force. Thus the present Governing Body has noauthority to remain in power as the period for the Governing Body stipulated in the Act and the Original Memorandum and Articles of Associati on have expired.

{]Xn k` \nbamhen t`ZKXn sNbvXXneqsS \nbans Ggmw hns ewL\w \Snbncn., \nba{]Imcw,Fm hmjnI s]mXptbmKnepw `cWkanXnsb XncsSpt Xp v. ]cmXnmc hnhcmhImi\nba{]ImcwPnmcPn{mdn \nw e`n In, `cWkanXnbpsS Imemh[n aqhjamn t`ZKXn sNbvXnps n AXv \nbanse Ggmw hns ewL\amsWv cPn{m hyambn ]dncn. cPn{mdn \nw e`n InstImn CXn aqmas sXfnhmbn {]Zinnncn. CXnt\mfp]cn, Cu {IatSv adphm\mbn, k`bn\nw t`ZKXn sNbvX \nbamhen cPn{mdpsS Hmôkn kansnn. CXv \nbanse skIvj 22 {]ImcwsNbvXncnt XmWv.hnhcmhImi\nba {]Imcw e`n cPn{mdpsS In \nw, 30.8.2006 tijw k`bn \nwH tcJIfpw kannn Fv hyambn ImWnncn. 200405 se s]mXptbmKns tcJIfmWv Ahkm\ambn PnmcPn{mdpsS Hmôkn kansnpXv. CXn \nw, t`ZKXn sNbvX \nbamhenbpwcPn{mdpsS Hmôkn kannnsw, BbXn\m Cu t`ZKXnv \nbakm[pXbn. BbXn\m Ctmgs`cWkanXnv `cWn XpScm AhImiansw, `cWkanXn, \nbas sXmbv hymJym\nv A \nbamhenImelcWsXmbpw IXp.4. It is submitted that, Ext.P3 information given By the second Respondent registrar reveals the i ndifference shown by the Governing Body towards the law of t he land. Under Sec.13(4) of the Act, the soc iety is bound to file, a copy of the balancesheet with the firs t respondent Registrar , afte r the balance sheet and income and expenditure account have been laid before the s ociety at the general meeting. As per Ext. P(3), the 3rd respondent society has not filed the balance sheet sincefor the year 2004-2005. More over, As per Sec. 7(3) of t he Act, a list o f the Governing body of the soc iety shall be filed with the 2nd Respondent registrar afte r the annual general body meeting. But no such documents were filed before the 2ndRespondent registrar so far. Thus the present Governing Body are r unning the society without complying any provisions of law.

PnmcPn{mdn \nw e`n In, \nbanse skIvj 13(4) s]mXptbmKn IWI t_m[nn tijwhmjnI _mn]{Xhpw, ]pXnb `cWkanXn AwKfpsS hnhchpw PnmcPn{ Hmôkn kant XmWv.A{]Imcw k`bn \nw CtXhsc PnmcPn{m ap]msI kannn. BbXn\m Ctmgp `cWkanXn\nbahnambmWv {]hnXv.5. The Petitioner gave a complaint to t he second Respondent showing the illegality committed by the present Governing Body in continuing their positi on after the statutory period of 1 year without any approval of the general Body of the 3rdrespondent society. It was also requested to take measures to elect new Governing Body as required by the act. A true copy of the complaint dated 26.10.2009 is produced herewith and marked as Exhibit P6 . Based on Ext. P4, The 2ndRespondent by a letter dated 14.12.2009 sought explanation from the 3rd respondent within 7 days. A true copy of the said communication is produced herewith and marked as Exhibit P7 . But in spite of the said communication, the 3rdrespondent society did not file explanation to the Exhibit P5 letter. More over they continued their indifference towards the authorities created under the act and the Act itself.

\nba{]Imcap Imemh[nbmb Hhjw Ignnpw s]mXptbmKXoam\anmsX Cu `cWkanXn A[nImcnXpSXn\m, ]cmXnmc PnmcPn{mv ]cmXnsSpIbp mbn. \nba{]Imcw ]pXnb `cWkanXnsbXncsSphm IqSn B ]cmXnbneqsS Bhiysn. B Ins ASnm\n 14.12.2009 HcmgvIwadp]Sn ]dbm cPn{m k`tbmSv \ntinn. ]t k` B In\v adp]SnsImSpmsX A[nImcnIsfAhKWnv `cWn XpSIbm mbXv.6. The Governing Body of the 3rd respondent society in 2007 purchased 17.600 cents of land in Kodungallur . The Governing Body made to believe the general body that total cost for the purchase is 1 crore 30 Thousand.. On the ground itwithdrew equivalent amount of deposits it had with Kodungallur Co-operative Ba nk and other banks. . The Petitioner filed a request under the Right to Information Act,2005 f or getting the details of the said purchase made by the 3rd respondentSociety. The application filed by the petitioner and the reply given by the sub registrar, Kodungallur are produced herewith and marked as Exhibit P8 and Exhibit P9 respectively. As per the information received from the sub registrar, Totalexpenses incurred for the purchase is Rs. 2 3,85,000/- i ncluding the stamp value. As the petitioner raised this issue before t he Governing Body, In order to adjust the amount, they are getting signatures of the poor and uneducated members onblank papers, as they came to collect 10Kg of Rice distributed during onam season, as if to show that, these people were given interest free loans. At this juncture, it needs to be stated that no interest free loans have been distributed and thepoor peoples money has been siphoned off without their knowledge. As the petitioner questioned the reason for t he withdrawal of such a huge amount for the purchase of property, the Governing Body took it as a threat to them and tried tosuspend the petitioner from the society At this juncture, the Petitioner was compelled to file a suit O.S. No.925/2009 restraining them from suspending the Petitioner and the court was pleased to grant an interim order restraining the 3rdrespondent from suspending the membership of the Petiti oner till disposal of the suit.

k`bnse Cu `cWkanXn 2007 sImSpqcn k`pth n, 17.6000 skv hkvXp hmpIbp mbn. HtImSn,apXn\mbncw cq]bmWv hkvXphns CS]mSn\mbn NnehmbsXv, s]mXptbmKns\ [cnnXv.. Cu k`n,CtX XpIp k`bpsS _mnse \nt] sImSpq klIcW _mn \nw, ap _mIfn \nw Cu`cWkanXnm ]nhenIbm mbXv. sImSpq k_vcPn{m Hmôkn \nw ]cmXnmc\v hnhcmhImi\nba{]Imcw e`n In, ap{Z]{X NnehpIfSw hkvXphns hne 23,85,000 ( C]naq en,F]mbncw cq] ) am{XamsWw Adnbphm Ignp. CXns\dnv ]cmXnmc tNmZyw DbnXntijw, IWicnbmXn th n, ]mhshw, hnZym`ymkw dhamb AwKfn \nw Ah

HmWn\v k`bn \nw hnXcWw sNp 10 Intem Acn hmphm htm, Ahcn \nw, shISemknHphmpIbpw, ]noSXv ]eniclnX hmbv] kzoIcn tcJbmn ampIbpw sNbvXp. k`bpsS C{Xbpw oaamb XpIhkvXp hmm ]nhenXns\dnv ]cmXnmc tNmZntm, `cWkanXn AsXm òjWnbmbv FSpIbpw,


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]cmXnmcs\ saw_ m\p\nw amm Xoam\nIbpw sNbvXp. Cu k`n ]cmXnmc CXns\XnsctIkpsImSpIbpw, tImSXn CSme Dchv AhZnXneqsS tIkp XoXphsc ]cmXnmcs\ saw_m\p\nw amsXw Dchp mbn. 7.The majority members of t he society are uneducated and Poor people. The president and Secretary are brothers in law. They are manipulating the figures and trying to embezzle the amount . The 3rd respondent society is conducting a kuriswith a branch a Faridabad Branch. . They also are accepting Thalam deposits without any permission as required by the Reserve Bank of India. More over, the soc iety has not fi led any returns before the Income Tax authorities. The Petitioner filed an application before the Income Tax authorities regarding the filing of any income tax returns by the 3rd respondent. The true copies of the application and the communication given by the Income tax authorities are produced herewith andmarked as Exhibit P10 and Exhibit P11. The society also has not filed any balance sheet o r income and expenditure statement before the 2nd Respondent. Thus the 3rd respondent society is being conducted in violation of the provisions of the law.

k`bnse saw_amcn `qcn`mKhpw ]mhshw, hnZy`ymkw dhamWv. {]knUpw, sk{IdnbpwAfnbmcmWv. Ch IWIfn Xncnadn\Sn XpI XnsbSpm {ian. k` ^coZm_mZn \nw dnI\Sp. mcXob dnkhv _mns AhmZanmsX Xfw UtmknpI kzoIcn. CXns\map]cnbmbn, CIw

SmIvkv dntI IrXyambn kann. hnhcmhImi\nba{]Imcw {Xnq CIw SmIvkv Hmôkn \nw]cmXnmc\v e`n IpI ChnsS {]Zinnncn. k` hchp Nnehp IWIfpsS hmjnI _mn ]{XhpwPnmcPn{m Hmôkn kanmdn. BbXn\m k` \nbaw ewLnv {]hn.8. As the 2nd Respondent was not taking any action on Ext. P4, the petitioner was constrained to make a complaint before the District Collector, narrating the above said fraud and illegality being perpetrated by the 3rd respondent a true copyof which is produced herewith and marked as Exhibit P12 . The district Collector was pleased to refer the matter to the 2nd Respondent Registrar. The 2nd Respondent Registrar has issued a show cause notice to the 3rd respondent as to whyno action should be taken against them . A true copy of the s how cause notice is produced herewith and marked as Exhibit P 13. In the mean while the 3rd respondent approached the high Court with a writ Petiti on W. P.(c) No.18158 of 2010seeking a declaration to the effect that , the fixing of tenure of 3 years for the Governing Body is in order.

PnmcPn{m k`sXnsc \nba\S]SnI ssIsmm Ahkcn, ]cmXnmc _lpam\s Pnm Ifap]msI k` \nbahnambn {]hnshv ImWnv IbIbp mbn. Pnm If Cu Imcyw PnmcPn{mv \S]SnsbSpm Bhiysv AbpsImSpIbpw, Pnm cPn{m H ImcWw ImWn t\mokv k`bntev AbIbpw, k`sXnsc \S]SnsbSpmXncnm h ImcW Ds n t_m[nnhmwBhiysn. CXn\nSv, k` sslsmSXnbn dnv lPn kanIbpw, `cWkanXnbpsS Imemh[naqhjamnb \S]Sn icnbmsW m]nmw Bhiysp.9. It is s ubmitted that, there a re more than 900 members in the society. Majority of the members are poor and uneducated. The President and secretary of the society are brothers in law.The present Governing Body are continuing their positionin spite of t he expiry of the period and without the permission of the general body as mandated by the act.More over, The socie ty is bound to file t he balance sheet and income and expenditure account before the 2nd Respondent since the year 2006. The society has not even cared to file the copy of the amendment before the 2nd Respondent so as to hide the illegality involved in increasing the term to 3 years. More over the Governing Body has siphoned of More than a crore on the

ground of purchase of property. Hence the petitioner has filed a representation dated 17.05.2010 before the 2nd Respondent to make an enquiry into the affairs of the 3rd respondent Society A true copy of which is produced herewith andmarked as Exhibit P14 . But no action has been taken so far on the r epresentation. Petitioner has brought all the illegalities being perpetrated by the Governing Body of t he Second Respondent. But the 2nd Respondent is not taking any acti on.Petitioner has f iled a detailed representation before the Chief Secretary , showing all the details of illegalities being perpetrated by the present Governing Body. A true copy of the representation is being produced herewith and marked asExhibit P15. But no action has been taken so far.

10. Petitioner is a member of the society and is really interested in the well being of the society. As stated earlier, the members of the society are poor and uneducated.and marginalized. The present Governing Body are politically andeconomically powerful . On questioning the illegality, they threaten the members that, their signatures obtained on the blank papers will be utilized against them. The attempt of the Governing Body is to siphon off an amount of Rs.1 crore on theground of purchase of property. They are continuing in power without any authority under the act. They know that, as they have got their blank signatures of the majority of the members, the petitioners will not be able to gather 10% of themembers to approach the district court for the removal of the present Governing Body.

]cmXnmc k`bnse saw_dpw, k`bpsS \ \Snn\mbn B{KlnbmfpamWv.t\cs {]mhnXpt]mse,k`bnse AwK ]mhshw, hnZym`ymkw dhamWv. Ctmgs `cWkanXn, cmob]cambpw,kmnI]cambpw inbphcmWv. Ctmgp \nbahnambv {]h\sfdnv tNmZntm, saw_amHnpsImSp shISemkpI D]tbmKnv saw_amsc `mjWnsSppIbmWv. hkvXphmnbXns adhn,HtImSntbmfw cq] DunsbSphm th nbp {iafmWnsXmw. \nbans _eanmsX Ctmgpw ChA[nImcn XpS. saw_amcn \nw shISemkn Hp tiJcnnpXn\m Cu `cWkanXnsb]pdmXntev, ]cmXnmc\v Pnm tImSXnsb kao]nhm\mbn k`bnse ]p iXam\w t]sS klIcWwt]mepwInm AhbnemWv.11. Petitioner is very much aggrieved of the above situation. Left without any other remedy of an efficacious and speedy nature, than to approach this honourable Court, Petitioners files this Writ Petition under Article 226 of the Constitution of India seeking reliefs on the following among other

Cu k`n ]cmXnmc hfsctbsd hnjanXn\m, s] ]cnlmcn\mbn _lpam\stImSXnbmsX thsd hgnbnmXn\mepw, Xmsg sImSpncn Imcyv Bizmkap mhmAt]n.

GROUNDS

A. T he Governing Body of the 3rd respondent society has no authority to remain in power as the period prescribed in the statute for the Governing Body is only one year. As they have taken charge on 30.03.2008, their term is over by the end of February, 2009. Sec. 7 of the ac t specifically mandates that, the Gov erning Body has to be elected in all annual general body meetings. More over the 2nd Respondent Registrar itself has stated in Ext. P1. that, Governing Body cannot continuein power unless approved by the General Body Meetings. As this matter was brought before the 2nd Respondent Registrar, he was bound to remove the Governing Body as they were continuing their positions against t he statute.

2008 amn Cu `cWkanXnbpsS Imeh[nbmb H hjw IgnXn\m Cu `cWkanXnv \nbawAimkn coXnbn, `cWn XpShm AhImianmXWv. ChsS Imemh[n amv 2009 IgnnpXmWvv. Bnse hv 7 {]Imcw ]pXnb `cWkanXnsb Fm hmjnI s]mXptbmKmnepwXncsSpt XmWv. Fm hjhpw, s]mXptbmKns Xoam\anmsX `cWkanXn AwKoIcnmsX `cWnXpShm ]mSnmXmsWv cPn{mdpsS In ]dbp.B. The Governing Body are t rying to justify their authority on the basis of the amendment brought in the Memorandum and Articles of Association increasing the period of Governing Body to 3 years. It i s submitted that, such an amendment isillegal as it is against Sec.7 of the Act. Sec.7 o f the Act specific ally provides that, the electi on to the governing body must be held in all annual general body meetings. Any amendment in the Memorandum and Articles of Association against thestatute is per se illegal and lack any applicability to the governance of the Society. The continuation as Governing Body on the basis of amendment is not maintainable . Hence the Governing Body are bound to be removed by the FirstRespondent as they are holding the power without any legal sanctity.

\nbamhen t`ZKXnsNbvXv `cWkanXnbpsS Imemh[n aqhjamnb \S]Snsb \ymboIcnm\mWv Cu`cWkanXn {ianXv. CXv Bnse hv 7 s ewL\amWv. hv 7 {]tXyIambn ]dbpXv,`cWkanXnbntep XncsSpv hmjnI s]mXptbmKn hv \SWsamWv. Bns\Xncmbn \nbamhent`ZKXnsNphm H `cWkanXnw A[nImcan. \nbamhen \nbans\Xncmbn t`ZKXn \Sn `cWnXpSXv AhZnm\mhn. BbXn\m \nban hnambn XpS Cu `cWkanXnsb km CSs]v \ow sNWw.C. It is also submitted that, apart from the illegality in the amendment, the Governing Body did not file a copy of the sa id amendment was not produced before the registrar in compliance of Sec. .22 of the Act. It appears that, such noncompliance of Sec.22 of the Act was done in order to hide the said amendment, as it is an explicit violation of the Act. If such a copy was filed, the 1 st t respondent could have found out and asked them to remove it. In order to retain in power they, willfully acted against the act . More over, as the said document was not filed before t he registrar, that a mendment cannot be said to come in force. Thus the Present Governing Body has no authority in Power. As the i llegality was broughtbefore the 2nd Respondent Registrar, he should have directed them to vacate the office. The 2nd Respondent is acting in lackadaisical manner, enabling the Governing Body to perpetrate the illegality while remaining in Power. \nbamhen t`ZKXnbnse \|\XIpdw, Bnse hv 22 {]Imcw \nbamhenbpsS tImn cPn{m ap]msIkansnn. CsXmw \nbamhenbnse A]mIXI ]pdphcmXncnhm th nbmWv. Cu \nbamhen

t`ZKXn cPn{mv kannshn, Atlw AXnse ]nghpI Is n AsXmw amphmBhiysSpambn. `cWn XpShm th n, Ch a\]qhw \nbans\Xncmbn {]hnIbmWv.Cut`ZKXn cPn{mv kanmXn\m CXn\v \nba {]m_eyan. BbXn\m Cu `cWkanXnv `cnmA[nImcan. CXv cPn{mdpsS {ibn s]Spnbnsn, Cu `cWkanXntbmSv Hmôkn \nw Hgnpt]mIm Dchndambn.c mw {]Xn cPn{m hyamb \ne]mSpkzoIcnmXn\m, Cu `cWkanXnCtmgpw A[nImcn XpS.D. The Present Governing Body have purchased a property of an extent of 17.600 cents in Kodungallur. The total amount spent for the purchase of property is only Rs. 23,85,000/- including the stamp value. But they have made people tobelieve that, the purchase of property incurred an amount of Rs.1.3 crores. On that ground, they are withdrawing all the deposits of equivalent it had with Kodungallur Co-operative Bank other Banks . Such an action is only to siphon off thesefunds. In order to hide these aspects, the society has not filed any balance sheet before the Registrar as required by sec. 13 of the Act since for the year 2004-2005. Thus the intention of the Governing Body is to cheat the poor and uneducatedmembers of the society .At t his juncture the 2nd Respondent registrar c an enquire into the affairs of the socie ty , as k for the accounts and balance sheets for avoiding the future fraud.

k`pth n Cu `cWkanXn, sImSpqcn 17.6000 skv hkvXp hmnbnp v. ap{Z]{X NnehSw hkvXphn\v NnehmbXv shdpw 23, 85,000 cq]bmWv. ]t `cWkanXnm P\sf ]dv hnizknnXv hkvXphn\v HtImSnapXpew cq]bmbn FmWv.CXns t]cn Ah k`v Asu pIfp sImSpq klIcW_mn\nw ap_mIfn \nw ]Ww ]nhenIbm mbXv. Cu {]hnbneqsS k`bpsS BnDunsbSphm th nbmWv. CsXmw adp]nSnhm\mbn, cPn{mdpsS ap]n IWIsfmw XslmPcmmsX Bns hv 13 s\ ewLnncn. k`bnse ]mhshw, hnZym`ymkw dhscbpwNXnhm DtinmWnsXmw. Cu Ahkcn cPn{mv k`bpsS CS]mSpIsfdnv At\zjnmw, AhtcmSv


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IWIfpw, hmjnI _mn]{Xhpw kanm BhiysSmw, CXv `mhnbnse Icsf XSphmD]Icnw.E. The soci ety is being conducted in manner against the provisions of law The majority members of the soc iety are uneducated and Poor people. The president and Secretary are brothers in law. They are manipulating the figures and trying toembezzle the amount . The 3rd respondent society is conducting a kuris with a branch a Faridabad Branch. . They also are accepting Thalam deposits without any permission as required by the Reserve Bank of India. More over, the societyhas not filed any returns before t he Income Tax authorities. The Petitioner filed an application before t he Income Tax authorities regarding the filing of any income tax returns by the 3rd res pondent. k`bnse {]h\ \nbans\XncmWv. k`bnse `qcn`mKw saw_amw hnZym`ymkw dhw,]mhshw BWv. {]knUpw, sk{Idnbpw BfnbmcmWv. Ch XncnadnI ImWnv, XpI Zp]tbmKwsNbvXncn. k` ^coZm_mZn \nw dnI \Sp. k` `mcXob dnkhv _mns AhmZanmsX XfwUtmknpI kzoIcn. CXnt\mfp]cn, k`bn \nw CIw SmIvkv dntI kann.]cmXnmc CXns\dnv CIw SmIvkv A[nImcnIv Ibnp v.F. The Governing Body remaining in power without any sanction of law. More ov er, they are trying to siphon off large amounts of money, which actually belongs to the poor and marginalized section of the society .such an action is being broughtbefore the 2nd Respondent registrar, he is bound to prevent the illegality. More over, if the Governing Body are allowed to continue, result in faci litating the looting of money belonging to poor people.

\nbans bmsXm ]n_ehpw CmsX Cu `cWkanXn A[nImcn XpSIbmWv. AXnt\ D]cnbmbn,kaqlnse ]mhshw, Xgbshamb hn`mKmsS kmZyamb XpI DunsbSphm Ch {ian.Ccnep \nbahnamb {]hnI XSbm cPn{mv Ignbpw. C\nbpw Cu `cWkanXnsb XpScmAhZnm, AXv ]mhs P\fpsS ]Ww sImbSnsSm Ahkcw HXn\v kaamWv.G. The state government is empowered to enquire into the affairs of the society, so as to prevent the illegality being perpetrated by the society. The present Governing Body are powerful both economically and politically. They made to believeother members of the society that memorandum and articles are the ultimate authority in determining the period of Governing Body. They also t hreaten the poor and uneducated people that, if they say anything against them, punitive acti onsincluding the recovery of their property wil l be initiated against them.

k`bnse {]h\ \nbahnambn XpSXns\Xnsc, At\zjnm tIcf kmdn\v A[nImcap v.k`bpsS Ctmgp `cWkanXn kmnIambpw, cm{ob]cambpw icmWv. s]mXptbmKn\mWv `cWkanXnbpsS Imemh[nsbdnv Xoam\nm A[nImcsamWv Cu `cWkanXn k`bnse saw_amsc]dv hnkzknnncnXv. ChsXnsc {]hnhsXnsc P]vXn\S]SnI kzoIcnv hkvXphlII psIpsaw ]dv ]mhshw, hnZym`ymkw dhamb saw_amsc Ch ojWnsSpp.

For these and other reas ons to be submitted at the time of hearing, it is most humbly prayed that this Honble Court may be pleased to call for the records and :-

(i) Declare that Ext. P2 amendment made to the Memorandum and Articles of Association of the 3 rd respondent society fixing the term of Governing Body and Board of directors as 3years is illegal and in contravention of Sec.7of the Travancore-Cochin literary, Scientific and Charitable Societies Registration Act,1956

\nbahnambn t`ZKXn sNbvX \nbamhen, Bnse Ggmw hns ewL\ambXn\m `cWkanXnbpsSImemh[n aqhjamnb \S]Sn sXmsWv DchndI.

(ii) A writ of mandamus or other appropriate writ or order directing 2nd Respondent to remove the present Governing Body as their term has expired as mandated by the Act.

Imemh[n Ignnpw `cWn XpS Cu `cWkanXnsb \ow sNphm Dchv ]pdsSphnmcPn{mv \ntiw \I.

(iii) A writ of mandamus or other appropriate writ or order directing the 1 st respondent to enquire into the affairs of the societ y, including call for accounts and inspection of books

k`bnse IWw , Imcyfpw, tIcfm Khsv t\cnv CSs]v At\zjnm Dchv CdI.(iv) A writ of mandamus or other appropriate writ or order directing the 1 st respondent to act upon Ext.P15 representation within a ti me limit as fixed by this honourable court.

INTERIM RELIEF

For the reasons stated in the Writ Petition (Civil) and the affidavit filed in support there of, it is most humbly prayed that the honourable court may be pleased to appoint a receiver to manage the affairs of the

society, till the disposal of this writ petition. CSmemizmkwdnv s]oj\n {]mhnncn ImcWfmepw, CXns\ ]nmp coXnbn kXyhmMvaqew kanXn\mepw,_lpam\s tImSXn Aenhp mbn H `cWm[nImcnsb \nbanv k`bpsS `cWw Cu tIkv Ignbpw hsc\SncWsav At]npsImp.

Dated this the 7 th day of March,2010

sreevidyaprakasini sabha writ petition by vk rajendran - sreevidyaprakasini sabha

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