The rebel group in the All Kerala Chemists and Druggists Association (AKCDA) has suffered a setback as the sub court of Ernakulam in Kerala has restrained the group from engaging in activities of the state chemists and druggists association.
Ruling in a suit filed by K Sivasankaran, the general secretary of the Association, the sub judge of Ernakulam, E C Harigovindan gave the order after hearing the arguments of the two groups. With this judgment, the rebels cannot claim as the office-bearers of AKCDA or a section of it.
The court has made it clear that the dissident activities of a faction in the association have to be stopped at the earliest, or else, it would create chaotic situation in the association. The court also felt that some larger issues are to be resolved during trial and a reasonable restraint has to be imposed regarding the operation of banking account till that time.
The verdict of the court says that the rebel group led by Antony Tharian (Trust Pharmaceuticals, Palarivattom, Kochi), and M P Abdul Gaffoor (Soorya Medicals, Kozhikodu), and their supporters are restrained by an order of temporary injunction from doing any acts, deeds or things, acting or styling themselves as the office-bearers of AKCDA. They are also restrained from issuing any communication or giving direction to the member units of the association. The court said the rebel group’s activities should not cause any obstructions to the smooth and peaceful functioning of the AKCDA.
The court further restrained the dissidents from operating the bank accounts of AKCDA at Canara Bank and Dhanalakshmi Bank at Ernakulam till the disposal of the suit. It allowed the general secretary to operate the bank account, but should not withdraw any amount from the account without sanction from the court.
The petition filed by K Sivasankaran has sought a decree from the court that Antony Tharian and his supporters are not the elected office-bearers of his association, hence they have no right to exercise any power to do any act in the name and seal of AKCDA. The petition clearly mentioned that the general council election of AKCDA was held on 26th of August, 2009 under the supervision of a court appointed Advocate Commissioner, and he and other office-bearers of the association were elected for the period from 2009 to 2012. They assumed office soon after the election and are managing, administering and controlling the affairs of the state-wide organization.
According to the petition filed in the court, the rebel group was acting as if they were the elected office-bearers of AKCDA, claiming the support of an ad-hoc committee. The court has also restrained the ad-hoc committee from interfering in the day to day administration of the association and its district units. The court said the ad-hoc committee or the returning officer appointed by it has no authority to conduct election to any of the posts of the office-bearers of the state executive committee. If any election is conducted, it will remain as illegal and not binding on the affairs of the AKCDA.
The faction feud in the All Kerala Chemists and Druggists Association started in January 2008. The group led by Antony Tharian, which is confined only in Ernakulam district, enjoys the support of the apex body, AIOCD. Tharian had earlier levelled some allegations of financial fraud against AN Mohan, the former president of AIOCD and the present president of AKCDA, and the general secretary K Sivasankaran. But Tharian group could not win a favourable verdict from the court based on his allegations.