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2022 Supreme(Online)(KER) 39588
HIGH COURT OF KERALA
N. NAGARESH, J
RENJISH M.B. – Appellant
Versus
INDIAN RED CROSS SOCIETY, NATIONAL HEADQUARTERS – Respondent
WP(C) NO. 3063 OF 2022 | WP(C) NO. 7205 OF 2022 | WP(C) NO. 8514 OF 2022
For the Appellants/Petitioners: P.VANDANA, V.K.SHYAM
For the Respondents: G.SREEKUMAR (CHELUR), BABU JOSEPH KURUVATHAZHA, MOHAMMED SHAFI.K, GEORGE POONTHOTTAM (SR.)
Elections to the Indian Red Cross Society's District Managing Committees must be conducted by Returning Officers appointed by the State Branch as mandated by the governing rules.
Headnote:(A) Indian Red Cross Society Act, 1920 - Section 5(1)(d) - Election procedures for District Managing Committees - Tenure of the District Managing Committee under dispute; conducted elections without adherence to mandated processes and rules. (Paras 20, 27)
(B) Legal Standing - Jurisdiction of the High Court to enforce compliance with election procedures. (Paras 22, 29)
(C) Authority and Responsibility - Role of State Branch in appointing Returning Officers - Importance of adherence to established procedures to ensure proper governance within the organization. (Paras 5, 10, 21)
| Table of Content |
|---|
| 1. elections to the district managing committee must comply with established rules. (Para 2 , 5 , 6 , 8) |
| 2. arguments against unauthorized election processes raised by the petitioners. (Para 9 , 10 , 11 , 12) |
| 3. court's discussion on the legal framework governing elections and the role of the state branch. (Para 19 , 20 , 21 , 22 , 26) |
| 4. court's ruling on the illegality of elections conducted without proper authority. (Para 27 , 29) |
JUDGMENT
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All these three writ petitions relate to election to the Ernakulam District Managing Committee of the Indian Red Cross Society. Hence they are heard together and being disposed of by a common judgment.
2. WP(C) No. 3063/2022 has been filed by a Life Member of the Ernakulam District Branch of Indian Red Cross Society, aggrieved by the attempts made by the existing District Managing Committee to conduct election to the Managing Committee flouting the specific rules and mandates issued by the 1st respondent-Indian Red Cross Society, New Delhi. The petitioner seeks to direct the 2nd respondent-Indian Red Cross Society, Kerala State Branch to conduct elections to the Ernakulam District Managing Committee in tune with Ext.P4 Guidelines and Exts. P2 and P3 bylaws.
3. WP(C) No.7205/2022 has been filed by the Indian Red Cross Society, State Branch represented by its General Secretary seeking to quash Exts.P4 and P5 and to command the 5th respondent not to function as office bearer of the Ernakulam District Branch, till elections are over. WP(C) No.8514/2022 has been filed by six members of the Managing Committee of Ernakulam District Branch of the Red Cross Society seeking to quash Ext.P9 Election Notification and to direct the 1st respondent to appoint a Returning Officer with directions to conduct elections in compliance of the terms of Ext.P1 Rules including revision of final list of voters.
4. Chronological facts emerging from the pleadings in these writ petitions, which are relevant and necessary to decide the issues involved, are as follows:
5. The tenure of the District Managing Committee of the Indian Red Cross Society, Ernakulam District Branch was to expire on 09.02.2022. The District Managing Committee proposed to hold a meeting on 06.01.2022. The Secretary in charge of the Indian Red Cross Society, Kerala State Branch requested the Chairman of the Ernakulam District Branch to temporarily adjourn the meeting since he was of the prima facie opinion that the meeting is being convened without proper notice. On 10.01.2022, the Chairman of the State Managing Committee pointed out to the Chairman of the District Managing Committee that the functioning of the District Committee is in a standstill, and therefore required the Chairman of the District Managing Committee to convene a Managing Committee meeting with due notice to the members, after intimating the State Branch in advance.
6. On 28.01.2022, the Chairman of the District Managing Committee issued notice to the members proposing to hold a meeting of the District Managing Committee on 07.02.2022. The State General Secretary required the Chairman of the District Managing Committee to adjourn the meeting scheduled to be held on 07.02.2022. The District Managing Committee however proceeded with the meeting on 07.02.2022 and decided to hold elections to the District Managing Committee for the tenure 2022-2025. The District Managing Committee appointed Advocate R. Muraleekrishnan as Returning Officer.
7. In the aforesaid circumstances, finding that the District Managing Committee is not functioning properly, the Executive Committee of the State Branch held an emergency meeting and directed the State General Secretary to take over the District Branch administration from 10.02.2022. The District President of the Ernakulam District Branch was informed of the decision and also the decision to conduct elections to the District Managing Committee.
8. Nevertheless the District Managing Committee whose tenure had expired, publish
