IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU WEDNESDAY, THE 16^TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943 OP(C) NO. 948 OF 2021 AGAINST THE ORDER/JUDGMENT IN CMA 6/2021 OF II ADDITIONAL DISTRICT COURT,ERNAKULAM OS 1236/2020 OF III ADDITIONAL MUNSIFF COURT, EKM (RENT CONTROL)

PETITIONER/S:

1 JOSE DE ALMEIDA, AGED 68 YEARS S/O. JOHN. D ALMEIDA, RODENSA ENCLAVE, THAIPARAMBIL HOUSE, POPULAR ROAD, VADUTHALA, COCHIN - 682023.

2 JUDE A LUIZ, S/O. LATE LAWRANCE LUIZ, CHERUPUNATHIL HOUSE, NEAR PACHALAN JN, PACHALAM P.O, COCHIN - 682012.

3 ADRIN RODRIGUES LEONS APARTMENTS, ROSHAN LANE, OPP. SARITHA THEATER, BANERJI ROAD, COCHIN - 682018.

4 GILROY JOHN LUIZ, S/O. ANTONY WILLIAM LUIZ, LUIZ ESTATE, K.D. PLOT P.O, SOUTH KALAMASSERY, PIN - 683104.

BY ADVS.

ABRAHAM MATHEW (VETTOOR)

SRI.ANIL ABEY JOSE RESPONDENT/S:

1 THE UNION OF ANGLO INDIAN ASSOCIATIONS (REG. NO.9/1953)

KERALA STATE, M.G. ROAD, PERUMANOOR, KOCHI - 682015, REPRESENTED BY ITS GENERAL SECRETARY, MARSHAL D'CUNHA, AGED 51 YEARS, S/O. MARTIN D'CUNHA.

2 DALBIN D'CUNHA AGED 64 YEARS S/O. THOMAS, PRESIDENT IN CHIEF, UNION OF ANGLO INDIAN ASSOCIATIONS, M.G. ROAD, PERUMANOOR, KOCHI - 682015.

3 MARSHAL D' CUNHA AGED 51 YEARS S/O. MARTIN D'CUNHA, GENERAL SECRETARY, THE UNION OF AGNLO INDIAN ASSOCIATIONS, KERALA STATE, M.G.ROAD, PERUMANOOR, KOCHI - 682015. BY ADV MANU ROY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

In this original petition filed under Article 227 of the Constitution of India, the plaintiffs in OS No. 1236 of 2020 on the file of the III Additional Munsiff's Court, Ernakulam, challenge the order dated 14.01.2021 in I.A. No. 6/2020 in I.A. No. 2/2020 and judgment dated 16.03.2021 in CMA No.6/2021.

2. The plaintiffs are life members of the 1st defendant Union (The Union of Anglo Indian Associations) registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. According to the plaintiffs, they are eligible to participate and exercise their right to vote in the general body meetings and other meetings of the 1^st defendant association, which has 45 Member Associations all over Kerala with 100 life members. As per Clause 7 of the Articles of Association, the ofÏcial term of ofÏce of the governing committee of the 1st defendant Union is two years. On 08.07.2018, the governing committee of the 1^st defendant Union with defendant No. 2 as its President-in-chief and defendant No. 3 as General Secretary was constituted. Their term of ofÏce, according to the plaintiffs, expired on 07.07.2020. They are not entitled to continue to hold the ofÏce anymore or competent to transact any business of the 1^st defendant Union. Defendant Nos. 2 and 3 did not take any steps to conduct elections to the Member Associations. The 1^st defendant Union issued a notice for an Annual General Body Meeting to be convened on 13.12.2020 to the members of their choice alone. Defendant Nos. 2 and 3 convened the meeting in a place, which was not indicated in the notice issued for the meeting. Defendant No. 3 communicated a notice dated 14.12.2020 intimating the proposed General Election to the 1^st defendant. The attempt of defendant Nos. 2 and 3 and their supporters was to see that the election as manipulated through the Returning OfÏcer remains valid, enabling them to continue in ofÏce for a further term of two years.

Therefore, the plaintiffs prayed for a temporary injunction to restrain defendant Nos. 2 and 3 or anybody under them from taking any further action pursuant to the meeting held on 13.12.2020.

3. Respondents/Defendants resisted the application contending that the Annual General Body Meeting was conducted on 13.12.2020 with a proper quorum. They further contended that plaintiff Nos. 1 to 4 participated in the Annual General Body Meeting, but plaintiff Nos. 1 and 3 did not sign the attendance register. The election could not be conducted in time due to