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.
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W.P.(C).No.37299/2008
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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/