Absence Of Specific Provisions No Reason To Forego Fundamental Requirements Of Election Of Any Society: Supreme Court

“Prima facie, we are of the view that absence of specific provisions regulating an election in the statute cannot be a reason for holding elections without the basic requirements for conducting an election to any society, which is supposed to be the democratic institution at grass root level. At any rate, there cannot be any doubt with respect to the position that sine qua non for conducting the election to such a body is a properly drawn voters list”, the Court observed.

A bench of Justice CT Ravikumar and Justice Sanjay Karol said this while passing an interim order in a dispute concerning the administration of the Association for Welfare of Handicapped (AWH).

The case revolves around the management of the society and the entitlement of 23 individuals to cast votes in the society's elections.

The AWH operates approximately 32 educational institutions, and disputes arose between two factions within the society, aligning with either the President or the Secretary. The issues primarily revolved around the validity of meetings, induction of members, and elections to the society's executive committee.

The court noted that AWH has been under the administration of a court-appointed receiver for over a decade. While the Kerala High Court directed the Advocate Commissioner to conduct an election for AWH, no election date has been set so far. The appellants contend that 23 individuals in question are not eligible to vote, while the respondents argue otherwise.

During the proceedings, the Supreme Court inquired whether the Societies Registration Act, 1860, under which AWH is registered, contains specific provisions for conducting elections. Both parties confirmed the absence of such provisions. The court emphasized that a properly drawn voters' list is essential for such elections, especially since the dispute centers on the voting rights of specific individuals.

In its interim order, the court directed the Advocate Commissioner to declare an election date after fulfilling the necessary procedural requirements. The court outlined the following steps for the election:

1. The 23 individuals whose voting rights are disputed will cast their votes in a separate box.
2. Votes of other eligible individuals, whose rights are undisputed, will be cast in a different box.
3. The counting and declaration of the election results will occur only after the court resolves the issue of the 23 individuals' voting rights in the pending appeals.

The court scheduled the matter for further consideration in February 2025.

Case no. – Civil Appeal Nos. 3734-3735/2024

Case Title – Association For The Welfare Of The Handicapped & Ors. v. KP Mohammed & Ors.

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