IMPORTANT POINT
The court affirmed that elections must be conducted strictly according to established procedures and prior court orders, particularly regarding the handling of disputed votes.

JUDGMENT :

BASANT BALAJI, J.

The petitioners are the plaintiffs and the respondents are the defendants in O.S.667/2010. The suit was decreed as per Ext.P1, which reads as follows:

“1. It is hereby declared that, as on 01.04.2008, AWH was having 42 members. (Since D2 is no more, as on today there are only 41 members are available) A commission shall be appointed by the court for supervising the general body meeting of the members of AWH and for the election of executive committee members consisting of 13 members including the office bearers. The general body meeting and election shall be conducted strictly in accordance with the provisions of Ext.A5 bye-laws, after giving notice to all the aforesaid members. The commissioner appointed by the court shall act as the returning officer in the election. The entire process of election shall be completed within a period of two months from this day.”

2. Against the judgment and decree, an appeal was filed as AS No.1/2017 before the Sub Court, Kozhikode. The first appellate court, by Ext.P2 judgment dated 21.12.2017, allowed the appeal and modified the preliminary decree as follows:

“In the result, appeal is allowed in part and Judgement and decree dated 31-7-17 is set aside. A modified preliminary decree is passed in the following terms:

1) Declaring that as on 1.4.2008 AWH was having alltogether 18 members and as on today on the death of defendant No.2 during the pendency of the suit, there are following 17 members: (1) Kunhahammed Kutty, (2) Ahammed Koya, (3) Muhammed K P, (4) Abdurahiman.M, (5) Aboobacker C.P., (6) Habeeb.V, (7) K. Ahammed, (8) Fakrudheen. T, (9) Ibrahim Kutty, (10) Thahira.V, (11) Amina. T, (12) Aysha Kalliyath, (13) Fariya K.M., (14)Abdul Saleem P.P., (15) Ali. M., (16) Ayshabeevi, (17)Abdul Rasheed.V.V.)

2) A Commissioner shall be appointed by the lower court for supervising the general body meeting of the members of AWH and for the election of executive committee members consisting of 13 members including the office bearers. Terms and condition as well as his batta will be decide by the Lower court at the time of his appointment.

3) A general body meeting and election shall be conducted strictly in accordance with the provisions of Ext.A5 bye-law and after giving notice to all the members.

4) The Commissioner appointed by the court shall act as the returning officer in the election.

5) The commissioner shall complete the entire process of election within one month from his date of appointment.

6) Both sides shall suffer their respective costs.”

3. Respondents 20 to 24 and 26, filed RSA No.111/2018, before this Court and this Court by judgment dated 17.08.2023 allowed the RSA and the decree and judgment of the first appellate court was set aside, and that of the Trial Court was restored.

4. Acting on the judgment of the Munsiff Court, the Advocate Commissioner had issued Ext.P6 draft election notification on 25.10.2024. The plaintiffs filed objection to the draft election notification as Ext.P8 and the 1st defendant filed objection on behalf of defendants 3 to 9, 11 and 12, as Ext.P7. While so, the matter was taken before the Apex Court in Special Leave Petition (Civil) Diary No.53444/2023. The Apex Court, granted the leave and converted it into Civil Appeal Nos.3734-3735/2024 and passed an order on 20.11.2024, which reads as follows:

“In such circumstances and taking note of the fact that the last election to AWH was conducted more than 14 years back, we are of the considered view that an interim order on the following lines can be passed:-

(i) Let the Advocate Commissioner appointed by the Court, as per the impugned judgment under challenge, declare the date of election after complying with the necessary basic procedures for conducting election.

(ii) An election shall be conducted, on the date fixed by the Court appointed commissioner.

(iii) 23 persons whose rights to cast votes are under challenge be permitted to cast vote in one box and the votes cast by the others whose such