Private governance disputes within a society must be resolved in civil court, as internal election management lacks public interest necessary for judicial review under Article 226.

JUDGMENT

P.B.Suresh Kumar, J.

Among these appeals, Writ appeal Nos.1935 of 2022 and 1994 of 2022 are preferred against the order dated 21.11.2022 in W.P.(C) No.1133 of 2019. Among the said appeals, Writ Appeal No.1935 of 2022 is preferred on behalf of the fourth respondent in the writ petition and Writ Appeal No.1994 of 2022 is preferred by the additional eighth respondent in the writ petition. The additional eighth respondent had earlier preferred R.P.No.1196 of 2022 in the writ petition seeking orders reviewing the order dated 21.11.2022 impugned in the above appeals and Writ Appeal No.1952 of 2022 is preferred by him against the order dated 13.12.2022 in the writ petition dismissing R.P.No.1196 of 2022. Parties and documents are referred to in this judgment, as they appear in the writ petition.

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2. Essentially, the dispute pertains to the management of the Central Board of Anglo Indian Education, a society registered under the Travancore Cochin Literary, Scientific and Charitable Societies Act and a few schools run by it. The Central Board of Anglo Indian Education (the Society) is the fourth respondent in the writ petition.

3. There are different classes of members who constitute the Society. In terms of the bye-laws of the Society, there has to be an election to the various offices of the Society every year. The offices of the Society include a Chairman, two Vice-Chairmen, a Secretary and an Administrative Committee. The bye-laws provide specifically that persons elected to the respective offices of the Society shall hold the same for a period of one year. The bye-laws provide that the Chairman shall be the Manager of all institutions and organisations run directly by the Society.

4. Undisputedly, the fifth respondent was elected as the Chairman of the Society on 27.05.2017. Even though the election to the various offices of the Society held on 27.05.2017 was challenged by a few members of the Society, in O.S.No.686 of 2017 before the Munsiff Court, Ernakulam, they could not secure any interim relief in the said suit. Consequently, as per Ext.P6 order, the Director of General Education approved the fifth respondent as the Manager of the Schools run by the Society from 27.05.2017 subject to the outcome of O.S.No.686 of 2017. It is seen that when the term of office of the Chairman expired, a request was made before the Director on behalf of the Society to approve one of the Vice-Chairmen of the Society as the Manager of the Schools. The said request was not acted upon by the Director. Instead, the Deputy Director of Education, Ernakulam was appointed as the Manager of the Schools from 26.05.2018. The said decision was challenged by one Marshal D'Cunha before this Court in W.P.(C) No.26074 of 2018. The said writ petition was disposed of as per Ext.P7 judgment directing the Director of General Education to consider whether any one of the Vice-Chairmen or other officers of the Society could be approved as the Manager of the Schools. It was also ordered by this Court in Ext.P7 judgment that until a decision as directed is taken by the Director, the Deputy Director of Education, Ernakulam will function as the Manager of the Schools. It is clarified in Ext.P7 judgment that if such a decision is not possible, the Deputy Director of Education may continue as the Manager of the Schools, until the matter is resolved through a civil court.

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5. Pursuant to Ext.P7 judgment, the D