Case Reference: Supreme Court to Examine Legal Status of SNDP Yogam and Members’ Voting Rights
As the Supreme Court examines a plea concerning the legal status of SNDP Yogam and the voting rights of its members, TheLawDaily spoke with Adv. K. Gireesh Kumar, Founder and Designated Partner at Attorney Tree Law Offices LLP, who is also associated with the matter, on the legal questions involved, the significance of the dispute, and the wider implications of the Court’s eventual ruling.
Editor, TheLawDaily:
What is the core issue before the Supreme Court in this matter?
Adv. K. Gireesh Kumar:
At the centre of the dispute is a foundational legal question: whether SNDP Yogam is to be governed as a company under central company law or as a non-trading socio-religious body under the Kerala Non-Trading Companies Act, 1961. The answer to that question has a direct bearing on the rights of members, particularly their right to vote and participate in the organisation’s governance.
Editor:
Why was the intervention of the Supreme Court necessary?
Adv. Gireesh Kumar:
The matter has gone through multiple proceedings and has seen differing interpretations at different stages. Because the issue concerns the legal character of a long-standing socio-religious institution and the statutory rights flowing from that character, a final pronouncement from the Supreme Court is important for clarity and consistency in the law.
Moreover, the same question in dispute was considered by the Company Law Board, Chennai, as well as by the Central Government after a reference from the Delhi High Court. The Central Government has clarified that SNDP Yogam is governed by the Kerala Non-Trading Companies Act, 1961. In addition, the present General Secretary himself has filed an affidavit before the Kerala High Court stating that SNDP Yogam is governed by the Kerala Non-Trading Companies Act, 1961.
I would also like to add that if the Supreme Court does not finally decide this question, it may trigger another prolonged round of litigation between the parties. For example, if the Central Government were to decide in favour of the Indian Companies Act, the petitioner may challenge it again before the Kerala High Court, and vice versa.
Editor:
From a legal strategy point of view, what makes this matter significant?
Adv. Gireesh Kumar:
The case is significant because it goes beyond an internal organisational disagreement. The effort has been to place before the Court a substantial question of law relating to classification, governance, and statutory rights. Once the issue is seen in that broader framework, it naturally acquires importance beyond the facts of one dispute.
Editor:
How might the outcome affect members of SNDP Yogam?
Adv. Gireesh Kumar:
The ruling may have a direct effect on the voting rights of members, their eligibility to participate in decision-making, and the overall governance structure of the Yogam. It could also have persuasive value in disputes involving similarly placed institutions.
At present, voting is carried out in a representative capacity after an amendment to the Memorandum of Association of the Yogam, with the present ratio being 1:200. If the Court upholds the Single Bench decision of the Kerala High Court, then every member may get the right to vote. This could alter the governance of SNDP Yogam in a broader sense and potentially take the institution in a new direction.
Editor:
You have also been associated with SNDP Yogam at the Delhi level. Did that shape your understanding of the case?
Adv. Gireesh Kumar:
That association gave me some practical understanding of how the institution functions at the ground level. But once the matter reaches court, the focus remains on statutory interpretation, the applicable legal framework, and the rights that arise under it. This is purely a professional assignment. Being an officer of the court, it is my duty to assist the Hon’ble apex court in arriving at the correct decision.
Editor:
Tell us a little about your professional journey.
Adv. Gireesh Kumar:
I began my legal career in Mumbai in 2001 with a solicitor firm that predominantly handled corporate houses such as Tata Sons and Group. I later joined M/s Singhania & Company, an international legal firm, as an associate advocate in the Bombay High Court, where I gained early exposure to corporate law.
I worked for six years in the Bombay High Court and had the opportunity to be associated with legal luminaries such as Fali S. Nariman, Shyam Divan, Janak Dwarkadas, Ram Jethmalani, P. Chidambaram, and Gopal Subramanium, among others. Over the years, my practice shifted substantially towards litigation before the Supreme Court, where I have dealt with a range of complex matters. The profession has been a continuing process of learning, discipline, and growth.
Editor:
Beyond litigation, you are also known for social and spiritual engagement. Could you tell us more about that?
Adv. Gireesh Kumar:
I have long drawn inspiration from the teachings of Sree Narayana Gurudevan, particularly the emphasis on equality, reform, and social upliftment. Alongside legal practice, I have remained engaged in community activities in Delhi and have also served as President of SNDP Yogam Delhi Union (Mehrauli Sakha).
Editor:
What should the legal community watch for as this case progresses?
Adv. Gireesh Kumar:
The key question will be how the Court ultimately characterises the legal nature of such an organisation within the existing statutory framework. The judgment may have implications not only for member participation and governance, but also for how comparable institutions are understood in law.
Profile Snapshot: Adv. K. Gireesh Kumar
- Advocate with over 25 years of experience
- Founder and Designated Partner at Attorney Tree Law Offices LLP, New Delhi
- Began legal practice with Singhania & Co., Mumbai
- Currently practising before the Supreme Court of India
- Empanelled Counsel for NTPC, Federal Bank, Kotak Securities, Motilal Oswal, and Axis Bank
- Has appeared in a range of significant and complex matters
- Former President, SNDP Yogam Delhi Union (Mehrauli Sakha)
- Associated with social and community initiatives
- Inspired by the teachings of Sree Narayana Gurudevan
Adv Gireesh K Kumar can be reached at gireesh@atlogroup.in | Mob: +91 9911611802
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