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2025 Supreme(Ker) 710

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
Milad-e-sherief Memorial Trust – Appellant
Versus
State Of Kerala Represented By The Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellant : BY ADVS. NISHA GEORGE A.L.NAVANEETH KRISHNAN SIDHARTH.R.WARIYAR GEORGE POONTHOTTAM (SR.) SILPA SREEKUMAR
For the Respondent: BY ADVS. R.SUDARSANA DEVI M.SHAHEED AHMAD(S-323) S.K.ADHITHYAN(K/681/2016) SRI. P. GOPAL SRI. V. VENUGOPAL, SR. GOVERNMENT PLEADER

JUDGMENT :

(N. NAGARESH, J.)

The 1st petitioner is an Educational Trust and the 2nd petitioner is its Secretary and the Manager of the Institutions under the Trust. The writ petition has been filed seeking to set aside Ext.P20 and to direct respondents 1 to 3 to approve the 2nd petitioner as the Manager of PKK Sahib Memorial Higher Secondary School, Kayamkulam.

2. The petitioners state that the 2nd petitioner was elected as the Secretary-cum-Manager in the General Body meeting held on 26.10.2019. A meeting of the General Body of the Trust was scheduled on 18.02.2024. The 4th respondent and his men including a few office bearers of the Trust called an Executive Committee meeting of the Trust on 16.02.2024. They claimed that a decision is taken to expel the 2nd petitioner and to appoint the 4th respondent as the Manager. The petitioners state that such a decision is taken without authority or jurisdiction. Power to expel a Member is vested only with the General Body. The meeting allegedly held on 16.02.2024 is not as per bye-laws.

3. In the General Body meeting held on 18.02.2024, the General Body expelled the 4th respondent and others. Ext.P5(a) proposal dated 27.04.2024 was submitted t

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