IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17878 of 2008(C)
1. K.P.GEORGE, S/O.PATHROSE, AGED 56
... Petitioner
Vs
1. CYRIL MAR BASELIOUS, METROPOLITAN,
... Respondent
2. KAIKKARAN (TRUSTEE)
For Petitioner :SRI.K.RAMACHANDRAN
For Respondent :SRI.P.K.BEHANAN
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :25/06/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
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W.P (C) Nos. 17878 & 18880 of 2008
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Dated this the 25th June, 2008.
J U D G M E N T
W.P.(C) No.17878/2008 is filed by the second defendant in O.S.No.361/2006, on the file of Munsiff Court,
Chavakkad, challenging Ext.P3 order passed by the learned Munsiff in
I.A.No.57/2008. That was an application filed for appointment of a
Commission to conduct election to St.George Church Edavaka,
Thozhiyoor, as provided under the bye-law of Malabar Independent
Syrian Saba. O.S.No.361 of 2006 was filed by the petitioners in W.P.
(C) No.18880/2008. The suit was for mandatory injunction directing
defendants to hand over all the election records pertaining to
St.George Church Edavaka, Thozhiyoor, including the previous list,
subscriptions books of account showing remittance of subscription
amount, and also to hand over the function and charges of Secretary
and Treasurer by vacating the Edavaka committee office and handing
over all other documents including account books to the first
petitioner.
W.P.(C) Nos.17878 & 18880/08
2
2. W.P.(C) No.18880/2008 was filed for a direction to
the learned Munsiff to dispose Exts.P2 and P3 petitions
(I.A.Nos.1465/2006 & 1466/2006), the former is an application for an
order of temporary injunction, and the latter, an application for a
temporary mandatory injunction to vacate the Edavaka committee
office and to hand over the records to the first petitioner. The
grievance of the petitioners is that even though petitions were filed in
April, 2006, learned Munsiff did not pass any orders, though
I.A.No.57/2008 was subsequently disposed. In such circumstances,
W.P.(C) No.18880/2008 is allowed, Munsiff is directed to dispose
Exts.P2 and P3 petitions, as expeditiously as possible, at any rate,
within 30 days from the date of receipt of a copy of this judgment.
3. Under Ext.P3 order in I.A.No.57/2008, Munsiff did
not appoint a Commission as sought for. The learned counsel
appearing for the petitioner in W.P.(C) No.17878/2008 pointed out
that though plaintiffs have instituted similar suits against three other
Edavaka’s, and order of injunction was not granted by the trial court
and in C.M.A.No.184/2006 filed by plaintiffs, under Ext.P4 order, a
Commission was appointed to conduct the election, and in such
circumstances, Munsiff should have appointed a Commission to
conduct the election.
W.P.(C) Nos.17878 & 18880/08
3
4. The learned counsel appearing for the plaintiffs-
respondents pointed out that facts are different, and as far as
St.George Church Edavaka, Thozhiyoor, is concerned, the right of the
petitioners in W.P.(C) No.17878/2008 to continue in office itself is
challenged and that is the question which is to be settled before
conducting the election.
5. The conducting of an election could only be
subsequent to the preparation of the voters list as per the bye-law.
For that purpose, Munsiff has to decide whether plaintiffs are entitled
to an order of injunction sought for in Exts.P2 and P3 petitions. In
such circumstances, W.P.(C) No.17878/2008 is dismissed. It is made
clear that Ext.P3 order will not prevent petitioner in applying for
appointment of a Commission at a later stage and the order will not
preclude the court from appointing a Commission, if it is necessary for
conducting just and fair election. Munsiff has to decide Exts.P2 and P3
applications untrammelled by any observations in Ext.P3 order in
I.A.No.57/2008.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.