SWAMY PRAKASANANDA AND ANR.versusSTATE OF KERALA AND ORS.

                 SWAMY PRAKASANANDA AND ANR.                                       A
                                      v.
                     STATE OF KERALA AND ORS.

                          SEPTEMBER 18, 2006

       [DR. AR. LAKSHMANAN AND R.V. RA VEENDRAN, JJ.]                              B

      Trust:

       Trust Board-Election ofmembers to the Trust-Appointment ofAuthority
to pe1for111 functions such as deciding validity of admission/removal of members   C
to trust; finalizing list of voters and drawing up the calendar and supervising
the conduct ofelections-Authority passing final order after considering validity
of removal and notifi'ing list of voters and calendar-Objections by some
members against the final order-Issuing certain directions the Court held.
the election process as per the calendar has begun hence any prayer for            D
interim relief is not considered as that would inte1fere with the process-
Awhority to proceed with the conduct of elections as per the final order as
also calendar published by him-Old High Court Building Ernakulam approved
as venue for elections that would ensure holding ofelection in orderly manner
under direct supervision of Authority- Trust also directed to make certain
payments.                                                                          E

      CIVIL APPELLATE JURISDICTION : I.A. Nos. 11, 12 and 13

                                      IN

      Civil Appeal No. 486 of 2003.                                                F
     From the Final Judgment and/Order dated I 0.8.200 I of the High Court
                .
of Kerala at Emakulam in O.P. No. 19079/1997.

     Gopal Jain, R.N. Karanjawala, Upamanyu Hazarika, Manik Karanajawala
and K.V. Mohan for the Appellants.                                                 G
     Raj Abraham, Himinder Lal, Subramonium Prasad, Rajan Babu A.A.
and C.K. Sasi for the Respondents.

      G. Prakash, Beena Prakash, K.D. Dileep Kumar and K.R. Sasiprabhu
                                  377                                  H
    378                      SUPREME COURT REPORTS [2006J SUPP. 6 S.C.R.

A for the State of Kerala.
          The Order of the Court was delivered by

                                           ORDER

B         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
c           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

D           (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
E   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
F 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 l'l:quested for time
  to file their response in regard to the said final order/report. On 15.9.2006,
G 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 :

H
              SW AMY PRAKASANANDA v. STATE OF KERA LA                      379
       (i) As the election process as per the calendar has begun, we do not A
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 appro.ve 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 B
supervision of the Authority. The Authority shall proceed to complete the
functions entrusted, as perour   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             C
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.85J42/- to the Authority towards expenses incurred till        D
             8.9.2006.
             {b) Consolidated remuneration at the rate of Rs. I5,000/- p.mc 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            E
             tentatively fixed, subject to the final orders.

       List the matter for further orders after 6 weeks.

D.G.                                    List after 6 weeks for further orcers.