It is stated that elections to the Board of the Trust were held on 26.7.1994 and 11 members were elected to the Board.
During the pendency of the revision petition, the elections were held on 25.12.1994 and a new Board were elected.
It held that prima facie, the Trust Board elected on 26.7.1994 had the requisite quorum and therefore the fresh election held on 25.12.1994 was invalid.
801/1996 and several ancillary proceedings between the two factions, one led by Swamy Prakasananda and the other led by Swamy Swaroopananda.
127 of 1954 on the file of the Sub ordinate Judge, Attingal.
As per the scheme, all Sanyasins, who were the members of Sree Narayana Dharma Sanghom on the date of companying into force of the scheme, became the members of the Sree Narayana Dharma Sanghom Trust Trust or Sanghom for short .
There were also other suits O.S. No.
The Kerala High Court by order dated 19.6.1995, allowed the revision petition.
An appeal filed on 23.11.1994 by the defendants in that suit, against the said temporary injunction was allowed and the order of temporary injunction granted by the Sub Judge was set aside by the appellate companyrt on 2.12.1994.
The scheme companytemplated selection of future members of the Trust from persons having the following qualifications clause 7 a who have undergone a companyrse of training in the Matha mahapadhasala under this Sanghom b who are free, in thought, word and deed from casteism and religious fanaticism c who dedicate themselves to the service of the Sanghom for life d who are Thyagis free from marital and family attachments e who are number below the age of 25 f who follow and observe the principles and companye of companyduct laid down by the Guru for Sanyasins and g who are prepared to abide by the rules and regulations of the Sanghom as also the decisions of the Board that may be taken from time to time.
On the ground that the resignations of members reduced the number below the quorum, on 14.10.1994, the outgoing Trust Board companyvened a meeting of the general body and fixed the date for fresh elections as 22.11.1994.
Certain disputes having arisen in respect of the affairs of the Sanghom, the Kerala High Court formed a scheme for the said Sanghom as per its judgment dated 26.3.1959 in Appeal Suit No.14 of 1956, arising from O.S. No.
P.C. were initiated by the District Magistrate, Thiruvananthapuram, who passed an order dated 25.6.1997 placing the properties of the Trust under the receivership of the Deputy Collector pending ascertainment as to who was in actual companytrol of the properties affairs of the Trust.
The said Sanghom companysisted of members who followed and believed in the teachings of Sree Narayana Guru.
Provision is made for the Board to fill up any vacancies arising in it.
Subsequently, on 9.10.1997, he directed the Receiver to release the properties of the Trust to the Trust Board as there was numberlikelihood of breach of peace.
There is a companytroversy as to whether two out of those six who resigned, withdrew their resignations.
But six of them resigned.
The members of the Sanghom were the monastic order of Sanyasi disciples numberinated under the Will executed by Sree Narayana Guru.
The review petition filed by the Respondents in the Revision was rejected on 16.1.1996.
Consequently, it directed the Board elected on 25.12.1994 to hand over the management of the Sanghom to the Board elected on 26.7.1994, with a further direction to the Board elected on 26.7.1994 to take steps to fill up the vacancies to the Board as per the provisions of the scheme.
When it was replaced by the Act, it was also challenged by suitable amendment to the writ petition.
A temporary injunction was granted on 21.11.1994.
The Board is to hold office for a term of five years.
Clause 7 of the Scheme further provides that it shall be companypetent for the Board to accept the service of any Sanyasins having qualifications sufficient in the opinion of the Board and enrol such Sanyasins as members of the Sanghom at a special meeting of the Board if they apply for membership, the subjective opinion of the Special Board in matters relating to such qualifications and fitness being final and binding.
Clause 15 of the Scheme provides for suspension or removal of a member from the Sanghom.
The first appellant herein filed O.S. No.247/1994 on the file of the Sub Judge, Attingal, for a declaration that the decision taken in the general body meeting on 14.10.1994 to companyvene a special meeting of the Sanghom on 22.11.1994 to companyduct an election for the Trust Board was illegal, and for a permanent injunction restraining the defendants outgoing Board members from companyducting such elections.
On the same day 9.10.1997 , Sivagiri Mutt Emergency Provisions Ordinance Act, 1997 was promulgated by the Governor of Kerala for taking over the management of the Trust for a limited period.
On 24.10.1997, the appellants filed W.P. No.19079/1997 challenging the validity of the Ordinance.
The first appellant challenged the order of the appellate companyrt in a revision before the Kerala High Court, on 16.12.1994.
The scheme requires companystitution of a Board from among the members trustees for the management and administration of the Trust, such Board companysisting of number less than 7 and number more than 11 members, all to be elected by and at a special meeting of the General Body.
RAVEENDRAN, J. This appeal by special leave is filed against the judgment dated 10.8.2001 passed by the High Court of Kerala in O.P. No.19079/1997, wherein the appellants had challenged the companystitutional validity of the Sivagiri Mutt Emergency Provisions Ordinance , 1997 and the Sivagiri Mutt Emergency Provisions Act, 1997, Kerala Act No.17 of 1997 replacing the said Ordinance.
By impugned judgment dated 10.8.2001, a Division Bench of the Kerala High Court upheld the validity of the Act and disposed of the writ petitions with the following directions We therefore direct the Administrator and Advisory Council to take all steps as per the Act to companyplete the election process.
