IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 25^TH DAY OF FEBRUARY 2022/6TH PHALGUNA, 1943 WP(C) NO. 6442 OF 2022 PETITIONER:

DEEPAK PUJARA, AGED 45 YEARS, S/O. LATE PRATAP M.PUJARA, H.NO.CC 7/2085 (OLD NO.8/1906), “NAVANEET KRISHNA TEMPLE COMPOUND", PALACE ROAD, KOCHI-682 002.

BY ADVS.

SAJAN MANNALI SANTHI K.PAI V.N. SASIKALA AADITHYAN S.MANNALI RESPONDENTS:

1 SHRI COCHIN GUJARATHI MAHAJAN, GUJARATHI ROAD, 'COCHIN GUJARATHI SCHOOL COMPLEX', COCHIN, PIN-682 022, REP. BY ITS SECRETARY.

2 CHETAN D.SHAH, FORMER SECRETARY, 'SHRI COCHIN GUJARATHI MAHAJAN', GUJARATHI ROAD, 'COCHIN GUJARATHI SCHOOL COMPLEX', COCHIN,PIN-682 022.

3 KISHORE SHAMJI, 'SHRI COCHIN GUJARATHI MAHAJAN', GUJARATHI ROAD, 'COCHIN GUJARATHI SCHOOL COMPLEX', COCHIN, PIN-682 022.

4 THE REGISTRAR GENERAL, C/O. OFFICE OF THE DISTRICT REGISTRAR, CC 40/1017, PERUMBLI BUILDING, ERNAKULAM-682 011 ( OPP.MAHARAJA'S GROUND), SOUTH JUNCTION, ERNAKULAM, KOCHI-11.

5 SURESH JAGMOHANDAS VOHRA, THE RETURNING OFFICER, 'SHRI COCHIN GUJARATHI MAHAJAN', GUJARATHI ROAD, 'COCHIN GUJARATHI SCHOOL COMPLEX', COCHIN, PIN-682 022.

6 MAHENDRA CHABILDAS MALKAN, THE JOINT RETURNING OFFICER, 'SHRI COCHIN GUJARATHI MAHAJAN', GUJARATHI ROAD, 'COCHIN GUJARATHI SCHOOL COMPLEX', COCHIN,PIN-682 022.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 25^th day of February, 2022 The petitioner, who is a life member of the 1^st 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 5^th respondent on

06.03.2022.

2. The petitioner states that he is a life member of the 1^st respondent-Institution which is registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. The 2^nd respondent was the former Secretary of the 1^st 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 1^st 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 1^st 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 1^st respondent also runs Sarada Mandir School. As per the bye-laws of the 1^st 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 1^st 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 1^st respondent-organisation is discharging any public function. As long as the 1^st respondent is neither a State nor an