IMPORTANT POINTS
The power to rectify a mistake should be exercised when the mistake is a patent one and should be quite obvious and the mistake cannot be such which can be ascertained by a long drawn process or reasoning and further that an erroneous view of law or debatable point cannot be decided while rectifying mistakes.

ORDER :

SHAJI P. CHALY, J.

The review petition is filed by the appellants in W.A. No. 408 of 2020 seeking to review the judgment dated 13.03.2020.

2. The basic contention advanced by the review petitioner is that the rules framed under the Indian Red Cross Society Act, 1920 (hereinafter called 'the Act, 1920') do not contemplate that an election to the State Managing Committee is to be conducted after convening an annual general body meeting and further that the respondents did not raise a contention to the effect that election of the Managing Committee as evident from Ext.P1 was not in accordance with the rules framed under the Act. It is also stated that Rule 3F of the Indian Red Cross Society Branch Rules ('the Rules' for short) in the matter of operation of State branches reveals that the Managing Committee of the State Unit is composed with only one representative elected by each District Branch Committee and the other members of the committee are either nominated or co-opted as provided under the Rules. Therefore, it is submitted that clause 3F(c) of the Rules would show that the Vice Chairman shall be elected by the Managing Committee from among themselves at the first meeting held after its composition and it is clear from the said Rule that election for composition of the committee is only optional in certain circumstances.

3. The sum and substance of the contention advanced is that the finding in the judgment in the appeal that the election to the managing committee was not properly held is only based on an interpretation of Rule 3B of the Rules, which only provides for the Rules to convene the annual general body meeting and which does not speaks anything about any election to the Managing Committee of the State Units. Therefore, according to the learned Senior Counsel for the review petitioner, there is an error apparent on the face of the record susceptible to be corrected in a review petition.

4. We have heard the learned Senior Counsel appearing for the review petitioner Sri. K. Gopala Krishna Kurup, learned Asst. Solicitor General of India, Sri. P. Vijayakumar and Sri. Jobi Jose Kondody appeared for respondents 1 and 3, and perused the pleadings and documents on record.

5. The learned Senior Counsel appearing for the review petitioner basically addressed the arguments contending that there was no case for any of the parties that the election conducted to the managing committee of the State Branch of the Red Cross Society was not in accordance with law and therefore, the findings rendered by this Court in the appeal relying upon the provisions of Act, 1920 and the rules thereto was not in accordance with law. To understand the said contention, it is better that the grounds raised in the appeal memorandum by the review petitioner is considered first. Ground 'L' to 'P' read thus:

“L. The learned single Judge failed to consider the fact that when once there is a provision for election to the State Managing Committee and the procedure is laid down by the rules made under the Act, it cannot be entrusted with an interim committee as decided in Ext.P2.

M. The learned Single Judge ought to have found that in the absence of a specific denial, it cannot be found that merely because of serious allegations are raised against the election conducted may not be sufficient to hold that the petitioners are not members of a duly elected State Managing Committee.

N. The learned single Judge ought to have found that the first and second respondents have no specific case regarding constitution or composition of the committee which was sought to be dissolved by Exts.P2 and P3.

O. The learned Single Judge ought to have found that one of the contentions raised by the respondents 1 and 2 that the opposite group also had been claiming to have elected a similar managing committee, though it had voluntarily relinquished to claim the office, after the national managing body has taken a valid decision to suspend the then managing committee of