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Judgment
The petitioners, who are life members of Dakshina Bharat Hindi Prachar Sabha, Kerala, have filed this writ petition seeking to direct respondents 2
to 5 to take immediate and effective steps to conduct election to the various organs of Hindi Prachar Sabha in a democratic manner. The petitioners
further seek to direct respondents 2 to 4 to formulate a scheme for the proper conduct of election to the various organs of the Hindi Prachar Sabha in
a democratic manner.
The petitioners state that for the last nine years, election to the various organs of Dakshina Bharat Hindi Prachar Sabha including Vyavasthapika
Samithi, and Karyakarini Samithi was not conducted. The last election was in 2014. The said election was challenged on the basis of procedural
infirmities. The challenges against the elections were ultimately accepted by this Court in RSA No.333/2011. The verdict of this Court was upheld by
the Hon'ble Apex Court also. In the circumstances, persons elected in 2014 election could not assume office.
Recently, three members from Kerala were nominated to Central Committee by the Special Officer. The petitioners state that the Special Officer
cannot make such nominations. It is for the Karyakarini Samithi to nominate members of the Central Committee. Dakshina Bharat Hindi Prachar
Sabha being a statutory body controlled by the Dakshina Bharat Hindi Prachar Sabha Act, 1964, this Court should ensure that the Sabha is
administered in a democratic manner, contended the learned counsel for the petitioners.
Respondents 4 and 5, who are Dakshina Bharat Hindi Prachar Sabha, Kerala and the Special Officer, filed counter affidavit in the matter.
Respondents 4 and 5 submitted that by virtue of the bylaws of Kerala Sabha, the Governing Body of the Sabha consists of life members as well as
delegates elected from District Mandals. So, the elections to the Executive Committee and the Board of Trustees can be conducted only after
conducting elections in District Mandal Constituencies. The said exercise will take at least six months time.
Respondents 4 and 5 further submitted that the Union Government constituted a One-man Committee. The said Committee submitted its report on
26.02.2006. The Committee found that the voters list requires a total revision, to ascertain the correctness regarding the name and address of the
voters. The said correctional exercise requires a minimum of 6 to 8 months as notice will have to be issued to the respective members in the address
shown in the application. There were allegations of corruption against officials in the Kerala Branch of the Sabha. The CBI conducted searches at the
Kerala Provincial Office during the year 2011.
The Central Sabha also appointed an In-house Investigation Team. Based on the report of the In-house Investigation Team, the administration of
the Kerala Sabha was taken over by the Executive Committee of the Central Sabha appointing a Special Officer, as per Ext.R4(b) proceedings dated
04.12.2011. The Kerala Sabha had effected some amendments to their by-laws on 04.11.2007. The correctness of the amendments was challenged in
Munsiff's Court, Ernakulam. Ultimately, it was held that the amendments are unsustainable. Accordingly, now fresh elections will have to be
conducted as per the amended by-laws.
Respondents 4 and 5 pointed out that even after the judgment of this Court in RSA No.333/2011, elections to Kerala Sabha could not be conducted
for the reason that election to the Central Sabha was notified. The new office bearers of Central Sabha assumed office only on 27.12.2015. The issue
of conduct of election to Kerala Sabha was considered by the Executive Committee on 02.10.2017. It was decided to conduct the elections after
conclusion of Centenary Celebrations of the Dakshina Bharat Hindi Prachar Sabha which was scheduled to be over by July, 2019. After the
Centenary Celebrations, the election procedures of the Central Sabha were again started and it was over only by November, 2019. Thereafter, the
Executive Committee of Central Sabha did not get opportunity to discuss issues relating to Kerala Sabha due to Covid-19 lock down restrictions.
Furthermore, there was no correctional measures taken in the voters list in Kerala. Respondents 4 and 5 submitted that even after the finalisation of
the membership list, the electoral Officer requires a minimum of 5 to 6 months time to complete the election.
I have heard the learned counsel for the petitioners, Assistant Solicitor General appearing for the 1st respondent and Standing Counsel appearing for
respondents 4 and 5.
Going through the pleadings in the writ petition, it is evident that the Dakshina Bharat Hindi Prachar Sabha, Chennai was justified in taking over the
administration of Kerala Sabha. The Central Sabha could not conduct elections to the organs of Kerala Sabha, due to various reasons including non-
availability of proper voters list, the Centenary Celebrations of Dakshina Bharat Hindi Prachar Sabha, imposition of Covid-19 lock down restrictions,
etc. As the respondents are taking steps to conduct elections to the organs of Kerala Sabha, as detailed in the counter affidavit, this writ petition can
be disposed of recording the statement made by respondents 4 and 5 in their counter affidavit and directing the respondents to complete the process of
election as expeditiously as possible.
In the circumstances, the writ petition is disposed of recording the statements made by respondents 4 and 5 in their counter affidavit dated 11.11.2020
and directing respondents 4 and 5 to commence and conclude the election process to various organs of Dakshina Bharat Hindi Prachar Sabha, Kerala,
as expeditiously as possible, in accordance with the by-laws.