: Madras High Court has said trustees elected to Pachiappa's Trust Board are entitled to continue in office for five years from the date of election without any liability to vacate office on completing the unexpired period.
"In view of the scheme fixing the tenure of office of trustees, I hold that trustees elected to the Trust Board of Pachaiyappa's Trust are entitled to continue in office for a period of five years from the date of election without any liability to vacate the office on completion of the unexpired period," Justice K K Sasidharan said in his order yesterday.
He was dismissing applications by Joint Action Committee of AUT Unit of Pachayappa's trust colleges Association of Teachers to declare that the Trustees have no right to continue in office beyond 8 October 2014.
The Trust is administered as per the scheme framed by the Supreme Court, taking into account stipulations in the last will and testament of late Pachaiyappa Mudaliar.
As per the scheme,a nine member Board has to be formed.Any vacancy caused by death,resignation or retirement of a member has to be filled up by the respective electoral college.
The elected trustees assumed office on Oct 9 2009. Five resigned on different dates from Jan 14 y 2011 to Aug 29 2012.
The other four moved the HC to permit them hold the poll to fill vacancies while former Chief Election Commissioner T N Seshan was appointed interim Administrator of the trust.
The court had directed Seshan to hold the election to fill the five vacancies, which he did on May 26 2013. They were declared elected and it was confirmed by the HC.
Since the trustees continued in office beyond the original term,the applicants moved Court for a declaration that elected trustees have no right to continue beyond Oct 8 2014.
The judge said that in case the trustees are entitled to continue only for the remaining period, all of them would quit office simultaneously. There would not be any retirement, causing mid term vacancy in such cases.
If it is a retirement by completing the term,uniformly by all trustees, there was no need to mention specifically that vacancy caused on the Board by retirement shall be filled up y the very same Electoral body, he said.
It will be a fresh election to elect nine trustees to office from date of election on end of their five year term.
Therefore,it is clear that even a trustee elected to fill the vacancy was entitled to be in office for five years from the date of election, he said.
