Supreme Court rules on election dispute appeal, High Court order stands merged, res judicata principles apply

The Supreme Court dismissed the appeal arising from a dispute over the election to the Committee of Sree Narayana Dharmasanghom Trust. The Court held that once it passes an order, the High Court's order stands merged with it, depriving the High Court of jurisdiction to review the order. The dismissal of a special leave petition in limine acts as a final order, making subsequent orders by the High Court or Tribunal res judicata. The High Court's decision not to review the order passed in the revision was upheld, with directions for the civil court to expedite the suit's disposal within six months.

---

---

Issues Involved: Dispute regarding election to the Committee of Sree Narayana Dharmasanghom Trust; Review of the order passed by the High Court in the revision.

Dispute regarding election to the Committee of Sree Narayana Dharmasanghom Trust: The appeal arose from a judgment of the Kerala High Court concerning the election to the Trust governed by a scheme framed by the High Court in 1959. The Trust Board decided to conduct elections on a specified date, leading to disputes over the validity of the elections. Various legal proceedings ensued, including the grant of an ad-interim injunction and subsequent appeals. The matter reached the Supreme Court through an S.L.P. which was dismissed with directions for expeditious disposal of the suit by the trial court. An application for review of the High Court's order was filed, contending that the High Court had the power to review its order due to a patent error on the face of the record. However, the Supreme Court held that once it passes an order, the High Court's order stands merged with it, depriving the High Court of jurisdiction to review the order.

Review of the order passed by the High Court in the revision: The Supreme Court cited precedents to establish that the dismissal of a special leave petition in limine operates as a final order between the parties, and any subsequent order by the High Court or Tribunal acts as res judicata. The Court emphasized that the High Court's refusal to review the order passed in the revision was justified, despite the trial court's inability to dispose of the matter within the specified time limit. Consequently, the appeal was dismissed, with directions for the civil court to expedite the disposal of the suit within six months.

---