Would Be A Super Spreader Event: Petition In Kerala High Court Against Conduct Of SNDP AGM On May 22 Amid Covid Surge

The petitioners contend that the conduct of the AGM while Covid infections were surging would be a super spreader event of epic proportions, leading to a public health catastrophe.

The petition was admitted today by a Bench of Justice Gopinath P, who listed it along with a connected matter pending in the High Court. In the said case, which came up before Justice PV Kunhikrishnan, the Court directed the election to be stayed and the Chief Secretary to respond on the plea.

In the petition which came up before Justice Gopinath today, the petitioners narrate that the directors who called the AGM were disqualified from the Yogam after the mandated returns were not filed as mandated by law from the year 2006. The dispute itself was pending before the High Court, NCLT, Inspector General of Registration, it is stated.

Pointing that the election was an item on the agenda, the petitioners aver that the disqualified directors wanted to overreach the proceedings pending before various fora and to get re-appointed as directors under the cover of the pandemic. The attempt to conduct the Annual General Body meeting on May 22, 2021 is malafide, it is argued.

The petitioners state that there are severe restrictions on various activities on activities, with maximum number of persons who can attend a meeting held indoors is 75. A meeting held outdoors can be attended by 100 persons, it is stated. The AGM is scheduled to be a gathering of 9586 in an auditorium, it is said. The plea lays out that the meeting is proposed to be held cannot accommodate more than 100 persons if social distancing norms are followed.

Though the government has allowed permission to the Returning officer to conduct the election subject to certain conditions, this could not be construed as permission granted to allow a gathering of 9586 persons at one location to participate in an AGM.

These reliefs have been sought –

- Declaration that the conduct of an AGM as would be illegal and violative of the orders issued under the Disaster Management Act, 2005,

- A direction to the State Government to take all nccessary steps to prevent the Directors from conductung the AGM and election to the Yogam on May 22

In the interim, the petitioners pray for a stay on operation of the permission granted to conduct the election and the AGM.