Kerala High Court orders removal of Vellappally Natesan as SNDP General Secretary

The Kerala High Court on Thursday ordered removal of SNDP Yogam General Secretary Vellappally Natesan from his post after finding that the organisation failed to submits its financial statements within the stipulated time as per law [Prof MK Sanoo v State of Kerala & ors and connected cases].

Justice TR Ravi observed that the failure to file audited accounts for three consecutive years attracted disqualification of the directors of the Aruvippuram Sree Narayana Dharma Paripalana Yogam (SNDP Yogam), a non-trading company.

Thus, the Court passed an order holding that Natesan and the other office bearers functioning as directors cannot continue in their posts.

The Court was considering a series of petition, including one filed by noted author-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 contended that SNDP Yogam, which is governed by the Companies Act of 2013, had failed to submits 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 petitioners were represented by advocates including Sabu George, PB Krishnan, PB Subramanyan and Manu Vyasan Peter.

Advocate AN Rajan Babu appeared for the SNDP Yogam and its office bearers.

[Detailed order awaited]