JUDGMENT

Dated this the 25th day of February, 2022 The petitioner, who is a life member of the 1st respondent–Shri Cochin Gujarathi Mahajan, has approached this Court seeking to stay the operation of Ext.P15 notice as per which election proceedings are being announced to be carried out by the 5th respondent on

06.03.2022.

2. The petitioner states that he is a life member of the 1st respondent-Institution which is registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. The 2nd respondent was the former Secretary of the 1st respondent organisation, whose term was over in June, 2019. After being elected in the year 2016, the term of the then elected Managing Committee and the Office bearers of the 1st respondent came to an end in June, 2019. Thereafter, no new Managing Committee was elected by the Annual General Body Meeting.

3. The petitioner contended that the 1st respondent organisation is governed by a registered bye-law. It owns Gujarathi School, Gujarathi College and Gujarathi Bhavan– a building complex with 60 shop rooms. The 1st respondent also runs Sarada Mandir School. As per the bye-laws of the 1st respondent-organisation, the office bearers are elected for a period of three years only. No elections are conducted after the year 2016. Now, the respondents are trying to conduct an election illegally.

4. The learned counsel for the petitioner urged that the period of the Managing Committee came to an end even before the Covid-19 pandemic. However, the existing Committee did not conduct elections to the Managing Committee. They did not seek extension of period of the Managing Committee. Therefore, the respondents and the Returning Officer appointed by the Committee cannot be allowed to conduct election. The learned counsel for the petitioner further urged that the Committee has made certain amendments to the bye-laws which are absolutely illegal and unsustainable. The amendments are effected with a mala fide intention to rush through election, based on the illegal amendments.

5. I have heard the learned counsel for the petitioner.

6. The 1st respondent, election to the Managing Committee of which is under challenge in this writ petition, is an organisation registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. It is not a 'State' or an 'instrumentality of the State'. There is nothing in the pleadings to establish that the 1st respondent-organisation is discharging any public function. As long as the 1st respondent is neither a State nor an instrumentality of the State, this Court will not be justified in entertaining the writ petition in the matter of election to the Managing Committee of the 1st respondent.

The writ petition is therefore without any merit and it is dismissed. However, it is made clear that the dismissal of the writ petition will not prevent the petitioner from pursuing his grievance before any other appropriate Forum.

Sd/-

N. NAGARESH JUDGE

ncd/25.02.2022

APPENDIX OF WP(C) 6442/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE LIFE MEMBERSHIP CARD OF THE PETITIONER IN THE 1ST RESPONDENT ORGANISATION Exhibit P2 TRUE COPY OF THE BYELAW OF THE 1ST RESPONDENT INSTITUTION Exhibit P3 TRUE COPY OF THE MINUTES OF THE GENERAL BODY MEETING OF THE 1ST RESPONDENT ORGANISATION HELD ON

05.01.2020 Exhibit P4 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE BANK OF BARODA DATED 01.03.2021 Exhibit P5 TRUE COPY OF THE REPRESENTATIONS FILED BY THE PETITIONER BEFORE BANK OF INDIA, MATTANCHERRY BRANCH, DATED

01.03.2021 Exhibit P6 TRUE COPY OF THE SAID CIRCULAR/NOTICE DATED 11.3.2021 OF TH ALLEGED 'KARYAVAHI SAMITHI ' OF THE 1ST RESPONDENT ORGANIZATION Exhibit P7 TRUE COPY OF THE SAID LAWYERS NOTICE DATED 24.2.2021, SEND BY THE PETITIONERS COUNSEL TO THE 1ST RESPONDENT ORGANIZATION Exhibit P8 TRUE COPY OF THE MINUTES OF THE 1ST RESPONDENT ORGANISATION RELATING TO THE SAID GENERAL BODY MEETING, DATED 28.03.2021 IN