2008 Supreme(AP) 776
HIGH COURT OF ANDHRA PRADESH
THE HONOURABLE MR. JUSTICE B. SESHASAYANA REDDY
V.Amos alias Ramulu & Others
Versus
P. Johnson & Another
Civil Revision Petition No.4175 of 2004
Date of Judgment : 16-09-2008
For the Petitioners:Kowturu Vinaya Kumar, Advocate. For the Respondents:Hari Sreedhar, Advocate.
Headnote:A) A.P. AGENCY RULES, 1924, Rules 3 and 4 - A.P. Societies Registration Act, 2001, Sections 23, 24 and 2 (d) – Dispute inter se between the members of a society registered under A.P. Societies Registration Act, 2001does not fall under the bar of civil courts jurisdiction under A.P.Agency rules as it entails no title dispute regarding immovable property.
B) A.P. AGENCY RULES, 1924, Rules 3 and 4 - A.P. Societies Registration Act, 2001, Sections 23, 24 and 2 (d):- Agency courts have no jurisdiction to adjudicate any dispute between the members of a society registered under the 2001 Act.
This Civil Revision Petition is filed under Article 227 of the Constitution of India by the respondents in O.P.No.911 of 2004 on the file of the District Judge, Khammam, assailing the action of the learned District Judge in entertaining O.P.No.911 of 2004.
2. The background facts of the case leading to filing of this Civil Revision Petition by the respondents in O.P.No.911 of 2004, in brief, are:- Rev.P.Johnson and Pastor K.Anand Raj are the petitioners and whereas Vanka Amos and 8 others are the respondents in O.P.No.911 of 2004. They are the members of ‘The Good Samaritan Evangelical Lutheran Church (GSELC), Bhadrachalam’. It is a society registered under the Societies Registration Act, 1860, (Act 21 of 1860) with Registration No.7/1995, dated 14.11.1995. As per Article 8 of the Constitution of the Church, the Executive Council shall consists of the President, the Vice-President, the Secretary and nine other members which includes at least two women, two youth under 30 years of age, elected by the convention according to the by-laws of the Church. The term of Founder Vice-President, Founder Secretary and Founder Executive Council Members came to be expired by 14.11.1999. The term of the Founder President also came to an end on 14.11.2002. After expiry of the term of the office of the Founder President, Founder Vice-President, Founder Secretary and Founder Executive Council Members, no elections were conducted to fill-up the vacancies. But, the respondents 1 to 3 claim to have been elected as President, Vice-President and Secretary respectively and respondents 4 to 9 claim to have been elected as Members of the Executive Council in the convention alleged to have been held between 27.01.2003 and 31.01.2003 at Mettugudem village of Kukknur Mandal, Khammam District. According to the petitioners in O.P.No.911 of 2004, no such convention was held between 27.01.2003 to 31.01.2003. Therefore, they invoked the jurisdiction of the District Court, under Section 23 of the A.P. Societies Registration Act, 2001 and filed the O.P. with a prayer, which reads as hereunder:
“Therefore, the petitioners most respectfully pray that the Hon’ble Court may in the interests of Justice, be pleased to pass order:-
i) Declaring that the respondents 1 to 3 were not entitled to the post of President/Bishop, vice-president and secretary respectively and respondents 4 to 9 were not elected as the members of the Executive Council of The Good Samaritan Evangelical Lutheran Church (GSELC) as no elections were held after expiry of the term of office of the founder members of the church till this day much less during 27.01.2003 to 31.01.2003 as claimed by the respondents and consequently restrain the respondents No.1 to 3 from acting as president/Bishop, Vice-President and Secretary respectively, respondents No.4 to 9 as members of executives council of Good Samaritan Lutheran Church (GSELC) as per the constitution and registered by laws of Good Samaritan Lutheran Church (GSELC).
ii) To appoint a commissioner for conducting elections to the executive council of the Good Samaritan Lutheran Church (GSELC), Bhadrachalam, as per the constitution and registered by-laws of Good Samaritan Lutheran Church (GSELC), Bhadrachalam.
iii) To allow the costs of this petition, and
iv) Pass any such or other order as the Hon’ble court may deem just, in the circumstances of the case.”
3. Respondents in the O.P. filed this Civil Revision Petition under Article 227 of the Constitution of India assailing the action of the District Judge, Khammam in entertaining O.P.No.911 of 2004.
4. This Civil Revision Petition came to be allowed on 10.09.2004. The order passed in the C.R.P. reads as hereunder:
“The Society is said to have been located in the agency area. The learned District Judge, Khammam ought not to have entertained the application in O.P.No.911/2004. Obviously, the learned District Judge has no jurisdiction to entertain the cases arising from agency area. He has not