Full Judgment Text
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CASE NO.:
Appeal (civil) 486 of 2003
PETITIONER:
Swamy Prakasananda & Anr.
RESPONDENT:
State of Kerala & Ors.
DATE OF JUDGMENT: 18/09/2006
BENCH:
Dr. AR. Lakshmanan & R.V. Raveendran
JUDGMENT:
JUDGMENT
O R D E R
I.A.Nos. 11, 12 & 13
IN
CIVIL APPEAL NO.486 OF 2003
By order dated 2.5.2006, we had appointed Mr. Justice K.S.
Paripoornan as the Authority to perform and discharge the following
functions :
"(i) to scrutinize and decide the validity of the admission of
18 members to the Trust;
(ii) to examine and decide whether the removal/exclusion
of the said 18 members as also six of the original members
from the Trust is valid;
(iii) to finalise the list of voters for holding elections to
elect the Trust Board; and
(iv) to draw up the calendar, and supervise the conduct of
the elections for the Board, the declaration of the results,
and the handing over of the charge from the existing Board
to the newly elected Trust Board."
In pursuance of the same the Authority has passed an order dated
16.8.2006 after considering the validity of admissions of 18 members and
of removal/exclusion of the said 18 members as also 6 of the original
members. He has also finalized the list of voters and notified the same.
The calendar for holding elections on 5.10.2006 has been notified.
Some of the members of the Trust have filed SLPs. objecting to the
final order dated 16.8.2006 passed by the Authority. But when the matter
came up on 15.9.2006, they have requested that the said SLPs. may be
treated as interlocutory applications in this matter by way of
objections/response to the final order/report of the Authority. The said
request has been accepted. Learned counsel for some other members have
requested for time to file their response in regard to the said final
order/report. On 15.9.2006, we have granted 6 weeks time for that
purpose.
We have heard the parties in regard to the interim prayers and
considered the Authority’s letters dated 8.9.2006 and 11.9.2006 and issue
the following directions :
(i) As the election process as per the calendar has begun, we do not
propose to consider any prayer for interim relief that will interfere with the
election process. The Authority shall proceed with the conduct of elections
as per the final order as also calendar published by him. We also approve
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the venue for elections as the old High Court building at Ernakulam,
which will ensure that the election will be held in an orderly manner under
the direct supervision of the Authority. The Authority shall proceed to
complete the functions entrusted, as per our order dated 2.5.2006. The
Authority may also take police aid for the orderly conduct of the election.
(ii) The election and the declaration of the result shall be subject to the
order that we may pass on the responses filed (and to be filed) to the
Authority’s order dated 16.8.2006 and on the suggestions made by the
Authority in Para 30 of his order dated 16.8.2006.
(iii) The Trust shall make the following payments within two weeks :
(a) Rs.85,342/- to the Authority towards expenses incurred till
8.9.2006.
(b) Consolidated remuneration at the rate of Rs.15,000/- p.m.
to Mr. M.C. Madhavan, Secretary to the Authority, from
the date of his appointment.
(c) Rs.1,50,000/- as remuneration payable to the Authority
tentatively fixed, subject to the final orders.
List the matter for further orders after 6 weeks.