The State of Kerala has formulated the Draft Memorandum of Association for the Thrissur-Ponnani Kole Land Development Council. The Council is a Society formed by the State of Kerala for formulating a comprehensive development package of activities for improvement of kole lands in Thrissur-Ponnani kole area. The petitioner is a member of the Kole Land Development Council. This Society is known as Thrissur-Ponnani Kole Land Development Council and the governing body is known as Kole Land Development Samithi. The present writ petition pertains to the appointment of Chairman of Thrissur-Ponnani Kole Land Development Council. The Society is known as Kole Land Development Council, is constituted and registered under the Travancore-Cochin Literary Scientific and Charitable Societies Registration Act.
2. According to the petitioner, as per the Draft Memorandum of Association (Ext.P1), the Member of Parliament, Thrissur shall be the Chairman of the Kole Land Development Council. It is further submitted that on expiry of the term of the Member of Parliament, Thrissur, the present Member of Parliament Sri.C.N.Jayadevan ought to have been appointed as Chairman. However, by Ext.P2 Government Order, third respondent, Member of Parliament from Ponnani has been appointed as Chairman. It is challenging the above appointment, this writ petition is filed.
3. In this matter, a statement has been filed on behalf of the first respondent. According to the statement, the Draft Memorandum of Association produced as Ext.P1 is not approved and notified by the Government. It is further submitted that the third respondent is appointed as the Chairman of the Samithi (Governing Council) and not as the Chairman of the Kole Land Development Council.
4. It is to be noted that former Member of Parliament from Thrissur was appointed as the Chairman of the Kole Land Development Council and on account of expiry of the term of the former Member of Parliament, the vacancy occurred.
5. The Kole Land Development Council is the name of the Society. The Kole Land Development Samithi is the Governing Body. Ext.P1 does not indicate the appointment of the Chairman to the Governing Body. On the other hand, Clause 19 of Ext.P1 indicates the appointment of the Chairman to the Kole Land Development Council. Ext.P2 also points out the appointment is in the place of Sri.P.C.Chacko. The respondents have no case that Sri.P.C.Chacko was the Chairman of the Governing Body. Therefore, it is clear that the appointment of the third respondent is as the Chairman of the Kole Land Development Council and not as the Chairman of the Samithi.
6. The learned Additional Advocate General submits that the Memorandum of Association has not been approved and the appointment is merely based on the Government Order. It is further submitted that the Memorandum of Association would only operate when it approved by the Government.
7. Admittedly, the Society is registered as the Kole Land Development Council. Going by Ext.P1, Member of Parliament from Thrissur shall be the Chairman. It is submitted by the learned Senior Counsel for the petitioner that it is on account of the fact that 2/3rd of the kole land is situated in Thrissur. The initial Chairman was the former Member of Parliament from Thrissur. Whether the Government has approved the bye laws of the Society or not is immaterial as the rules form part of the bye laws of the Society, unless it is modified in accordance with the bye laws. Assuming that the above rules are draft rules, in the absence of the approved rules, the fairness demand, the draft rules should be followed for making appointment. The appointment of third respondent as the Chairman of the Samithi is nowhere envisaged in Ext.P1. If the contention is accepted, there will be two Chairman, one is for Samithi and other for the Council and entire regulations in Ext.P1 will have to be rewritten dividing various powers. The Government action must be consistent with the rules governing the Society. If the Government contention is accepted, very purpose of making Member of Parliament from the Thrissur Constituency as the Chairman will become redundant.
8. The contention in the affidavit that the Chairman is appointed based on the executive decision from time to time is untenable as the same cannot override rules and regulations of the Society. The Government Order must be consistent with the rules and regulations of the Society.
In view of the above, Ext.P2 is set aside and there shall be a direction to the first respondent to reconstitute the Council by making Member of Parliament from Thrissur as a Chairman.
The writ petition is allowed. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln