Kerala HC orders removal of Vellappally Natesan as SNDP General Secretary

Source: IANS


The Kerala High Court on Thursday ordered removal of Vellappally Natesan as the General Secretary of the Sree Narayana Dharma
Paripalana Yogam (SNDP Yogam) after finding that the organisation failed to submit its financial statements within the stipulated time as per law

The court also ruled that SNDP Yogam President MN Soman, Vice-President Thushar Vellappally and Devaswom Secretary Arayakandi Santhosh are also not entitled to continue in their positions. The court has ordered that all four be removed from their posts and a new board of directors be formed in their place by conducting elections as per the law. The Court also directed the government to nominate directors to manage the administration of the SNDP meeting until the elections are completed

A single bench of Justice TR Ravi while ordering the removal of the SNDP Yogam office-bearers from their posts observed that Section 164(2)(a) of the Companies Act disqualifies a person from being a director if financial statements or annual returns of a company are not filed for a continuous period of three years.

The Court passed the order in a series of petitions, including one filed by noted writer professor late MK Sanu challenging the
continuation of SNDP Yogam office bearers in their positions on the
ground that financial filings had not been made for several years.

The petitioners, in their plea, filed in 2020, contended that SNDP Yogam, which is governed by the Companies Act of 2013, had failed to submit its audited financial statements to the authorities within the prescribed time, violating statutory requirements relating to financial transparency and accountability.

It was pointed out that the Companies Act provides for disqualification of directors where a company failed to file its financial statements or annual returns for a continuous period of three years.

The petitioners further stated that such failure made the directors ineligible to continue in office under the relevant provisions of company law.

Hence, the petitioners sought disqualification of Natesan and other office bearers, including Yogam president Dr MN Soman, vice president
Tushar Vellappally and Devaswom secretary Arayakkandil Santhosh.

The Court’s orders on Thursday marked a significant shift in the administrative landscape of the SNDP Yogam, one of Kerala’s most influential social organisations representing the state’s Ezhava community.