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2015 Supreme(Ker) 1238

A.MUHAMED MUSTAQUE
Narayanan – Appellant
Versus
District Registrar – Respondent


Advocates Appeared:
For the Appellant : T.R. Ravi, Jawahar Jose, V. Vinay Menon, Cissy Mathews and Arun Aiay Shankar.
For the Respondent: P. Sreekumar, K. Nandakumar, P.M. Mazna Mansoor, V.A. Haritha, P. Vivek, V.R. Kesava Kaimal, I.V. Pramod, G. Hariharan, H. Praveen, P.B. Krishnan, P.M. Neelakandan, P.B. Subramanyan, Sabu George, S. Nithin, T.K. Vipindasand Manoj Kunjachan, Government Pleader.

JUDGMENT :

A. Muhamed Mustaque, J.

1. This Writ Petition is filed challenging the decision of the District Registrar produced as Exhibit P9 refusing to accept the Executive Committee list furnished, pursuant to the election held on 15.02.2015. The petitioners are elected as the Executive Committee members of the 7th respondent-N.K. Balakrishnan Memorial Trust. The election to the Executive Committee was held consequent upon expiry of the tenure of the earlier Executive Committee on 31.10.2014.

2. Pursuant to the election of the members to the Executive Committee, the list of office bearers was submitted before the District Registrar in terms of S. 4 of the Societies Registration Act, 1860. There were serious objections regarding selection of the candidates. The District Registrar was directed to consider the objections of the Objectors as per various judgments of this Court in Exhibits P3 to P6 judgments. The objections were considered by the District Registrar by the impugned order. The District Registrar found that selection of certain candidates to the Executive Committee was illegal and accordingly, refused to act upon the list furnished by the newly elected Executive Committee.

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