BY AD vs MANU ROY

RESPONDENT(S)/RESPONDENTS/DEFENDANTS:- 1 2 3 ARAVUKADU KSHETHRAYOGAM, REP. BY ITS SECRETARY, PARAVOOR PUNNAPRA P.O, ALAPPUZHA, PIN – 688004. S.KISHOR KUMAR, ARAVUKADU KSHETHRAYOGAM PARAVOOR, PUNNAPRA P.O, ALAPPUZHA, PIN – 688004. P.T. SUMITHRAN, SECRETARY, ARAVUKADU KSHETHRAYOGAM, PARAVOOR, PUNNAPRA P.O, ALAPPUZHA, PIN – 688004. O.P.(C) No.169 of 2024 ..3.. 4 5 6 7 8 9 10 11 12 13 14 15 16 T K SHAJI, S/O THANKAPPAN KATTUNKAL, VANDANAM P O, ALAPPUZHA ADMINISTRATOR AND RETURNING OFFICER, ARAVUKADU KSHETHRA YOGAM, PARAVOOR, PUNNAPRA P.O, ALAPPUZHA, PIN – 688004. ANISH K WASHINGTAN, S/O WASHINGTAN KAITHATHIL, PUNNAPRA P O, ALAPPUZHA, PIN – 688004. KANNAN K. P., S/O PRABHAKARAN KUDILIL, PUNNAPRA P O, ALAPPUZHA, PIN – 688004, KUNJUMON N. T., S/O THANKAPPAN NAINAPPALLY, PUNNAPPRA P O, ALAPPUZHA, PIN – 688004. THANKACHAN, S/O MADHAVAN PANACKAL, PUNNAPPRA P O, ALAPPUZHA, PIN – 688004. PRAKASHAN P. D., S/O DAYANANDAN PANACKAL, PUNNAPPRA P O, ALAPPUZHA, PIN – 688004. PRABHUKUMAR S., S/O SUKUMARATHANDAR, KALIKADUPARAMBU, PUNNAPRA P O, ALAPPUZHA, PIN – 688004. PRAVEEN, S/O PRAKASAN , KALIKADU, PUNNAPRA P O, ALAPPUZHA, PIN – 688004. BIJU D., S/O DINESHAN ETTUKANDAM, PUNNAPPRA P O, ALAPPUZHA, PIN – 688004. MUKESH M., S/O MUKUNDAN ETTUKANDAM, PUNNAPRA P O, ALAPPUZHA, PIN – 688004. MOHANAN G., S/O GOPALAN , PANACKAL, PUNNAPPRA P O, ALAPPUZHA, PIN – 688004. VENUKUTTAN P @ KUTTAN, S/O PALANIVALIYAPARAMBU, PUNNAPRA P O, ALAPPUZHA, PIN - 688004 SASEENDRA BABU S/O BHASKARAN KOCHUPURACKAL, PUNNAPPRA P O, ALAPPUZHA, PIN – 688004. O.P.(C) No.169 of 2024 ..4.. 17 18 19 20 21 22 SHAJIMON S/O GOPALAN KANDATHIPARAMBU, PUNNAPPRA P O, ALAPPUZHA, PIN - 688004 SHIBU R S/O RAGHAVAN MANNAPARAMBU, PUNNAPPRA P O, ALAPPUZHA, PIN - 688004 VIMALKUMAR S/O VIJAYAN, VADAKKEPANACKAL, PUNNAPPRA P O, ALAPPUZHA, PIN - 688004 SAJI @ MONICHAN S/O BHARGAVAN AYYAMPARAMBU, PUNNAPPRA P O, ALAPPUZHA, PIN - 688004 SANALKUMAR V R S/O RAVEENDRAN VALIYAPARAMBU, PUNNAPPRA P O, ALAPPUZHA, PIN - 688004 SURESHKUMAR S/O SURENDRAN APPAKKARANPARAMBU, PUNNAPRA P O, ALAPPUZHA-, PIN - 688004 BY ADVS. MANU ROY A.S.DILEEP HARIHARAPUTHRAN M.P.MADHAVANKUTTY ANANTHAKRISHNAN A. KARTHA MATHEW DEVASSIA P.BINOD(K/647/1987) K.Y.SUDHEENDRAN(K/000625/1987) SUSEELA DILEEP(S-1307) SUDEEP ARAVIND PANICKER(K/000517/2018) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

22.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C) No.169 of 2024 ..5.. J U D G M E N T Dated this the 22nd day of January, 2024 Adv.Hariharaputhran appears for the 3rd respondent. Adv.Manu Roy appears for the 4th respondent Returning Officer. Adv.M.P.Madhavankutty appears for respondent Nos.9, 13, 15, 17, 18, 21 & 22. Adv.A.S. Dileep appears for respondent Nos.5 to 8, 10 to 12, 14, 16, 19 & 20.

2. It was submitted by Adv.M.P.Madhavankutty, learned counsel for respondent Nos.9, 13, 15, 17, 18, 21 & 22, that if election to the governing body is adjourned by ten days, the entire process can be re-scheduled, so that no prejudice is caused to anybody, to which suggestion all the respondents would agree, except the petitioners. O.P.(C) No.169 of 2024 ..6..

3. Learned counsel for the petitioners submits that going by Clause 84 of the bye-law, election to the particular ward, where the candidate has passed away, has to be conducted after completion of the rest of the elections and office bearers elected. According to the learned counsel, the Managing Committee has to ensure that if such election to the particular ward is conducted, and the representatives are elected, from whom 5 managing committees are to be nominated, the procedure has to be followed as per Clause 84 of the bye-law.

4. This Court is not in a position to accept the said contention. Clause 84 of the bye-law applies only when the election is boycotted or in case where the election could not be conducted due to court interference. In the instant case, this Court is of the opinion that election, which was scheduled on 21.01.2024, was adjourned, not on account of the court interference, but on account O.P.(C) No.169 of 2024 ..7.. of the death of one of the candidates, who was representing the ward. It is true that this Court has adjourned the said election. However, the cause for such adjournment is what which really matters, which is the death of the said candidate and hence Clause 84 of the bye-law will not apply. This Court also finds that death of the candidate is not a situation which is envisaged by the bye-law and hence Clause 85 will apply. It is on that premise that this Court passed interim order on 19.01.2024, adjourning the election. In such circumstances, this Court is of the opinion that the petitioners cannot now turn around and bank on Clause 84.

5. The concern expressed Adv.M.P.Madhavankutty, learned counsel for respondent Nos.9, 13, 15, 17, 18, 21 & 22, is that their opportunity to contest the election to the Managing Committee may not be jeopardized on account of the adjournment granted by this Court, O.P.(C) No.169 of 2024 ..8.. vide interim order afore referred. This Court is bound to take care of the said apprehension of the learned counsel.

6. In the circumstances, this Court is of the opinion that the following directions can be given with respect to the election to be conducted to the 'Punnapra Madhya Ward', inasmuch as the candidate representing the said ward has passed away. This Court directs that the nomination of the candidate representing the said ward shall be completed on or before 03.02.2024. The scrutiny shall be conducted on 06.02.2024 and the voters list be published on the same date. It is clarified that nomination shall be confined only to the one particular person, in substitution of that person, whose nomination was accepted, but passed away pending election. Election to that particular ward shall be conducted on 10.02.2024. The counting for all the wards put together shall be adjourned to 12.02.2024 O.P.(C) No.169 of 2024 ..9.. and the results may be declared on 12.02.2024 itself. Thereafter, the election to the managing committee, which now stands scheduled to

18.02.2024, shall stand adjourned to 25.02.2024. Learned counsel representing the Returning Officer has no objection to the above referred schedule for conduct of elections. In the circumstances, this Original Petition is disposed of by directing all parties concerned to adhere to the above referred schedule and to complete the election process in accordance with law. Skk//24.01.2024 Sd/- C. JAYACHANDRAN JUDGE O.P.(C) No.169 of 2024 ..10.. APPENDIX OF OP(C) 169/2024 PETITIONER'S EXHIBITS:- EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P 4 EXHIBIT P 5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P 8 EXHIBIT P9 A TRUE COPY OF THE PLAINT DATED 16-01- 2024 IN O.S.47/2024 FILED BEFORE THE PRINCIPAL MUNSIFFS COURT, ALAPPUZHA A TRUE COPY OF THE BYE LAW OF THE ARAVUKAD KHETHRAYOGAM RELEVANT PAGES ONLY A TRUE COPY OF THE ELECTION NOTIFICATION DATED 29-11-2023 OF THE 4TH RESPONDENT A TRUE COPY OF THE LIST OF CANDIDATES PUBLISHED BY THE 4TH RESPONDENT DATED 30-12-2023 A TRUE COPY OF THE WRITTEN REQUEST DATED 10-01-2024 OF THE 6TH PETITIONER TO THE 4TH RESPONDENT A TRUE COPY OF THE REPLY DATED 12-01- 2024 OF THE 4TH RESPONDENT TO THE 6TH PETITIONER A TRUE COPY OF I.A.1/2024 DATED 16-1- 2024 FILED IN O.S. 47/2024 BEFORE THE PRINCIPAL MUNSIFFS COURT, ALAPPUZHA A TRUE COPY OF THE PROCEEDINGS DATED 17- 1-2024 IN O.S. 47/2024 OF THE PRINCIPAL MUNSIFFS COURT, ALAPPUZHA A TRUE COPY OF THE PROCEEDINGS DATED 18- 1-2024 IN O.S. 47/2024 OF THE PRINCIPAL MUNSIFFS COURT, ALAPPUZHA