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2010 Supreme(Ker) 862

THOMAS P.JOSEPH
KERALA HINDI PRACHAR SABHA – Appellant
Versus
JOSEPH – Respondent


Advocates Appeared:
For the Appellant : N. Subramanian, M.S. Narayanan and J. Harikumar.
For the Respondent: Pirappancode V.S. Sudhir, R.T. Pradeep and V. Vijulal.

JUDGMENT :

Thomas P. Joseph, J.

1. These Writ Petitions arise from O.P. No. 477 of 2005 of the court of learned Additional District Judge-I, Thiruvananthapuram. For the sake of convenience parties are referred to as Petitioners and Respondents as in O.P. No. 477 of 2005.

2. Respondent No. 1 is the Kerala Hindi Prachar Sabha (for short, "the Sabha"). Respondent Nos. 2 to 4 are the Secretary, President and Treasurer, respectively of that Sabha. Respondent Nos. 5 to 7 are the said office bearers but, impleaded in their personal capacity. Original Petition was filed by 14 members of the Sabha u/s 25 of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 (for short, "the Act") seeking removal of the existing Governing Body of the Sabha, appointing a fresh Governing Body, framing a scheme for management of the Sabha, settlement of accounts and for other reliefs. Petitioners alleged in the Original Petition that there was mismanagement of affairs of the Sabha and that there was no conduct of elections as prescribed by the bye-law. Petitioner Nos. 15 to 22, also members of the Sabha got impleaded in the Original Petition. Respondent No. 6 by then vacated












































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