Court orders detention of KVVES president, secretary

KOCHI, AUG. 21. The Ernakulam First Additional Munsiff, Jayakumar John, has ordered that N. Nazaruddin and K. Hassan Koya, president and general secretary respectively of the Kerala Vyapari Vyavasayi Ekopana Samithy (KVVES), be detained for two months in civil prison for holding the general body meeting of the Samithy in violation of the court's directives.

Arrest warrant

The court also issued an arrest warrant against them. The order came on a petition filed by C.S. Ramachandran, Ernakulam District Committee member of the Samithy. According to him, the court had ordered that the president and general secretary could proceed with annual general body meeting only in strict compliance with the terms in the bylaws.

The court also made it clear that the result of the meeting should not be implemented until further orders. The orders were passed on a suit seeking to restrain the president, general secretary and other office-bearers from convening any meeting of the State council without issuing the 14 days notice in writing to all the members.

Bylaws violated

The petitioner alleged that despite the directions, the meeting convened on July 20, 2003, was in violation of the bylaws. Besides, after the meeting, they had decided to implement the decisions taken at the meeting. The office-bearers elected at the meeting had also taken charge. Thus, they had violated the court directives.The court observed that the counter-affidavit filed by the president and general secretary showed that the annual general body meeting was conducted on July 20, 2003, i.e. the next day of the injunction order and the State committee election was conducted on the same day. The affidavit also said that the State committee had taken charge.

The court said that these statements would reveal that after conducting the election, the president and general secretary had implemented the result of the AGM in violation of the court order. The court said that the respondents (the president and general secretary) had sufficient knowledge about the order passed by the court in the presence of their counsel.