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Judgment
All these writ petitions relate to the same subject matter and issues and hence they are considered together and disposed of by a common judgment.
W.P.(C) No.8764/2020 has been filed by the State Bank of India Scheduled Caste/Scheduled Tribe Employees Welfare Association (hereinafter referred to as 'the Association', for short), represented by its General Secretary Ramaprasad K.P., seeking to direct the 2nd respondent to consider Ext.P16 representation before the structured quarterly meeting scheduled to be held on 26.03.2020. A further prayer is made to restrain the 3rd respondent from nominating 5th and 6th respondents for the structured quarterly meeting scheduled on 26.03.2020 till Ext.P16 representation is considered by the 2nd respondent.
W.P.(C) No.9489/2020 has been filed by the same Association, seeking to quash Ext.P13 and to direct the 1st respondent to consider and pass orders on Ext.P14 representation. In this writ petition, the petitioner also seeks to restrain the 3rd respondent from proceeding with the election scheduled as per Ext.P14 unless the General Body Meeting is convened and the decision to hold election is taken thereto.
W.P.(C) No.9943/2020 is also filed by the same Association seeking to set aside ex-parte Ext.P19 order and to restrain respondents 2 and 3 from calling the 5th and 6th respondents to any meeting as the representative of the petitioner-Association.
The core of the dispute in all these writ petitions is as regards who the President of the petitioner-Association is and who the General Secretary is. The General Secretary Ramaprasad K.P., who has filed these writ petitions purportedly on behalf of the Association, would contend that Sri.Velayudhan K.S. was the President of the Association, but the Executive Committee suspended Sri.Velayudhan and now Sri.T.K.Soman is the President.
The 5th respondent-Velayudhan K.S., on the other hand, would assert that the petitioner has resigned from the office of the General Secretary on 31.12.2019 and at present, he is the General Secretary of the Association and Sri. T.K. Soman is the President. Ramaprasad K.P., who has filed these writ petitions, has no legal right to represent the Association. Therefore, the writ petitions are to be dismissed.
According to the petitioner(represented by Ramaprasad K.P.), the State Bank of India is recognising and inviting ousted office bearers of the Association for meetings, to represent the Members of the petitioner-Association, which is illegal.
Admittedly, the petitioner-Association is a Society registered under the provisions of the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. It is a private body. A writ petition under Article 226 of the Constitution of India is not maintainable to decide the issue relating to election of office bearers in respect of a private body. What is agitated by the petitioner is disputed questions of fact, which this Court cannot adjudicate in writ proceedings.
It is a settled proposition of law that private law remedies are not enforceable through extraordinary writ jurisdiction even though brought against public authorities. Private law is that part of a legal system which is a part of common law that involves relationships between individuals. As long as the issues are not falling within the domain of public law, this Court will not be justified in interfering to adjudicate such disputes.
In the circumstances, this Court finds no reason to interfere with the matter. The writ petitions are accordingly dismissed.