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2025 Supreme(Online)(Ker) 51164
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
KERALA WUSHU ASSOCIATION – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) NO. 18624 OF 2024
For the Appellants/Petitioners: P. Raveendran, Jamsheed Hafiz, T.S. Sreekutty
For the Respondents: C. Dinesh, B. Ashok Shenoy, Latha Anand, P.S. Gireesh, Salih P.A, Thejalakshmi R.S, U Masanker U.U.
A registered association cannot be dissolved by external authorities without due process and must follow its own governing rules as per the Societies Registration Act.
Headnote:(A) Societies Registration Act - Legal framework concerning the governance and dissolution of associations - The court clarified that protections under the Act prevent external bodies from dissolving registered associations without due process, emphasizing the General Body's power to manage executive committee changes. (Paras 20 and 21)
(B) Natural justice - The order to dissolve the Executive Committee of a registered society must adhere to principles of natural justice, including providing a proper opportunity to defend against claims. (Paras 5 and 6)
Facts of the case:
The petitioners challenge an order dissolving the Kerala Wushu Association’s Executive Committee, asserting improper grounds for action were taken without notice and outside the scope of authority. The petitioners claim ongoing legitimate governance and electoral processes.
Findings of Court:
The court held that the dissolution order was illegal as the authority lacked power to dissolve the registered association, reaffirming the General Body's rights to do so under its bylaws.
Issues: Whether the authority had the power to dissolve the Kerala Wushu Association and if due process was followed in issuing the dissolution order.
Ratio Decidendi: The court concluded that only the General Body can dissolve the Executive Committee, asserting that administrative actions must respect registered associations' bylaws and the principles of natural justice.
Result: Writ petition allowed, setting aside the dissolution order.
| Table of Content |
|---|
| 1. petition for setting aside suspension notice. (Para 1 , 2 , 3) |
| 2. challenging legality of ext.p7 order. (Para 5 , 6 , 8 , 9) |
| 3. authority of dissolution under societies act. (Para 12 , 13 , 14 , 20 , 21) |
JUDGMENT
The 1st petitioner is Kerala Wushu Association (KWA) and the 2nd petitioner is its General Secretary. The petitioners seek to set aside Ext.P7 and to direct the 2nd respondent-Wushu Association of India to give proper show-cause notice if any grounds are seen raised and permit the petitioner-Association to continue with the activities of Wushu in the State of Kerala.
2. The petitioners state that on election, an elected Committee of Kerala Wushu Association can continue in office for a minimum period of four years. The election is conducted by General Body Meeting in which two nominees of each District Committee are entitled to be present and vote. The last General Body Meeting was conducted on 05.12.2022. The newly selected office bearers are presently running the Association.
3. The 2nd respondent issued Ext.P2 notice dated 18.09.2022 suspending the petitioner and appointing an adhoc Committee to look after the day to day affairs of Kerala Wushu Association. The suspension order was passed without any notice and without seeking any explanation. The petitioner filed W.P.(C) No.30202/2022 challenging Ext.P2 notice. The writ petition was dismissed by a learned Single Judge of this Court as per Ext.P4 judgment dated 22.06.2023.
4. The petitioner filed W.A. No.1205/2023 against Ext.P4 judgment. A Division Bench of this Court directed the petitioner to treat the notices produced in the counter affidavit as notices and granted two weeks time to file reply, as per Ext.P5 judgment dated 22.11.2023. The petitioner submitted Ext.P6 reply. The 2nd respondent, however, passed Ext.P7 order dated 25.03.2024 dissolving the Executive Committee of KWA and directing to conduct free and fair election for appointment of a new Committee in Wushu Association.
5. The petitioners state that Ext.P7 order is illegal and unjust. Ext.P7 order has been passed based on a different ground than the one raised in the show-cause notice. The 2nd respondent does not have any power to dissolve the petitioner-Association. The petitioner-Association has been formed as per the provisions of the Societies Registration Act . Ext.P7 order should therefore be set aside, urged the counsel for the petitioner.
6. The 2nd respondent-Wushu Association of India filed a counter affidavit. The 2nd respondent stated that during the pendency of the writ petition, both parties agreed to holding of an election to elect new Executive Committee for management of the 1st petitioner-Association. A General Body Meeting was held on 16.03.2025 at Thrissur in the presence of the President, Thrissur District Sports Council who was nominated by the 3rd respondent-Kerala State Sports Council. The 2nd respondent nominated the General Secretary, Tamil Nadu Wushu Association to act as Observer.
7. In the meeting held on 16.03.2025, 21 representatives of 11 District Member Units were present. In the meeting, A.P. Udayan was elected as President, K.C. Preeth was appointed as Working President and Dr. Arif C.P. was elected as General Secretary. The General Body Meeting held on 05.12.2022 cannot be recognised as the election was conducted without notifying the same to the 2nd respondent. Election held on 05.12.2022 is null and void.
8. The 3rd respondent also filed a counter affidavit. The Kerala State Sports Council granted registration to the KWU as per proceedings dated 28.07.2015. A General Body Meeting of the Association was held on 29.10.2018 in which Binoy Joseph was elected as President and S.S. Sunil was elected as Secretary. The said election was challenged in W.P.(C) No.4012/2019. This Court directed the Secretary of KSSC to consider the rival claim and to declare the eligible office bearers. The Secretary ordered that the Executive Committee of KWA elected on 29.10.
