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2002 Supreme(AP) 1488

Andhra Pradesh High Court
Judges : J.CHELAMESWAR
Andhra Evangelical Luthern Church, Guntur - Appellant
Versus
B.Syamsundar - Respondent
Decided On : 12-26-02

Headnote:

Societies Registration Act, 1860 - Section 94 - Constitution of India 1950 - Article 227 - Andhra Pradesh Societies registration Act, 2001 - Section 23 – Ecclesiastical – Educational – Interlocutory - Facts of cast are that first petitioner herein is alleged to be an ecclesiastical body registered under societies Registration Act, 1860 and other petitioners are defendants and respondents herein are plaintiffs in above mentioned suit - First petitioner admittedly is a religious organisation with its Headquarters located at Gunturm - First petitioner-society is brought into existence with main object of spreading gospel to masses - As part of its activity first petitioner established several prestigious educational institutions hospitals training centres – Held, It must be stated here counsel for respondents raised a specific objection that question of jurisdiction discussed earlier was not raised either in lower court or in present revision petitions by petitioners and therefore this Court should not go into such question – Court regret my inability to accept said submission for reason that it is constitutional obligation and duty of this Court under article 227 of Constitution of India to superintendent functioning of Courts or Tribunals subordinate to this Court and see that they do not derelict in discharge of duties in exercise of jurisdiction conferred on them or arrogate jurisdiction which is not conferred on them - Revision petitions are allowed

J. CHALAMESWAR, J.

( 1 ) THESE three civil revision petitions are filed under article 227 of the Constitution of India against various interlocutory orders passed by the learned Senior Civil Judge, Guntur in i. A. No. 1279 of 2002, I. A. No. 1278 of 2002 and LA. No. 1277 of 2002 in O. S. No. 350 of 2002 by separate orders dated 17-9-2002.

( 2 ) THE facts of the cast are that the first petitioner herein is alleged to be an ecclesiastical body registered under the societies Registration Act, 1860 and the other petitioners are the defendants and the respondents herein are the plaintiffs in the above mentioned suit. The first petitioner admittedly is a religious organisation with its Headquarters located at Guntur. The first petitioner-society is brought into existence with the main object of spreading "gospel to the masses". As part of its activity the first petitioner established several prestigious educational institutions, hospitals, training centres etc. The petitioners 5 to 8 are some of such institutions.

( 3 ) THE activity of the first petitioner, even according to the plaint averments, is required to be carried on in accordance with its constitution and bye-laws. Admittedly, for the purpose of managing the affairs of the society it s constitution and bye-laws provide for the establishment of a Managing committee headed by a President, Treasurer etc. The further details are not available on record.

( 4 ) FROM the plaint it appears that such managing Committee is required to be elected under the constitution of the society by the general body of the society in a convention to be held once in two years at a time and place determined by the "executive council".

( 5 ) THE respondents herein, who are the plaintiffs in the above-mentioned suit, also claim to be the members of the first petitioner-society. The petitioners allege that the election to the Executive body of the first petitioner-society took place on 31-5-2001 duly electing the office bearers. The respondents in the present suit in substance challenge the said election and in fact the prayer in the suit reads as follows: "the plaintiffs therefore pray that the Hon ble court may be pleased to pass a decree and judgment in their favour and against the defendants. (a) for a declaration that the 40th Biennial convention said to have been held on 31-5-2001 at Shade Girls High School, rajahmundry is invalid, inoperative and insignificant and unenforceable. (b) Consequential permanent injunction restraining the defendants 1 to 4 from holding office, acting, discharging responsibilities as the President and treasurer of the Church and Bursar of colleges. (c) Consequential permanent injunction restraining the defendants 5 to 9 from in any way accepting, honouring, permitting and allowing any kind of interference by the 1st and 2nd defendants in the matters of pertaining to the admission, appointments and administration of educational institutions including the schools and colleges. "

( 6 ) IT may not be necessary for the present purpose to deal in detail the various allegations made in the suit by the respondents herein for seeking the relief such as the one extracted above. Along with the suit the respondents herein filed various interlocutory applications in LA. Nos. 1279 of 2002, 1278 of 2002 and 1277 of 2002.

( 7 ) I. A. No. 1277 of 2002 was filed for an injunction restraining the petitioners 2 to 4 herein from discharging their duties as president, Treasurer and Bursar of the first petitioner-society. LA. No. 1278 of 2002 was filed seeking an injunction against the respondents 5 to 9 restraining them from permitting the petitioners 2 to 4 from interfering with the matters pertaining to the admissions, appointments and administration of the said educational institutions. LA. No. 1279 of 2002 was filed for the appointment of a receiver for the management of the first petitioner-society. All these three applications were allowed by the impugned orders in these revision petiti



















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