High Court Kerala High Court

Shibu Chali vs State Of Kerala on 1 January, 2009

Kerala High Court
Shibu Chali vs State Of Kerala on 1 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37299 of 2008(M)


1. SHIBU CHALI, AGED 38, S/O.CHALI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY THE SECRETARY
                       ...       Respondent

2. DIVISIONAL FOREST OFFICER,(CHIEF

3. RANGE OFFICER, CHARPA RANGE, THRISSUR.

4. ATHIRAPPALLY V.S.S. REP. BY ITS

                For Petitioner  :SRI.G.SREEKUMAR (CHELUR)

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :01/01/2009

 O R D E R
                    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/