THE POLICE CANNOT INTERFERE IN A PRIVATE AND CIVIL DISPUTE BETWEEN THE PARTIES.

JUDGMENT

R Raghunandan Rao, J. - The petitioner (hereinafter referred to as 'AELC') is a society, which was initially registered, under the Societies Registration Act, 1860. AELC consists of six synods, viz., Central Guntur Synod, East Guntur Synod, West Guntur Synod, East Godavari Synod, West Godavari Synod and Visakha Synod. These synods are further divided into several Parishes. These Parishes are again categories as 'A, B and C' according to their strength and their financial capacity. For the purpose of governing the internal affairs of AELC, each synod has an executive committee for administering the affairs of the synod. Further every synod holds a convention every year while the main convention for AELC will be held once in every two years.

2. The tenure of six synods expired on 31.05.2020. The earlier election schedule issued on 14.04.2020 had to be given up and a fresh election notification was issued on 16.06.2020 by the executive council of AELC, which is the main executive authority, in relation to the affairs of the AELC, authorising the deponent to the writ affidavit to conduct elections. Accordingly, elections for the six synods were conducted on 23.11.2020. While the said elections were under process, the deponent to the writ affidavit had approached this Court by way of W.P.No.21776 of 2020 for a direction against respondents 2 to 7 from interfering in the election process. This Court, by way of an interim order, dated 02.11.2020, had directed respondents 2 to 7 therein not to interfere with the election process till 24.11.2020.

3. After the elections had been conducted and the Executive Council of AELC had approved the elections, the writ petition had become infructuous and was dismissed accordingly on 30.11.2020

4. It is the contention of the deponent to the writ affidavit that he was elected as President of AELC/Moderator Bishop on 28.05.2017 and had took charge on 01.06.2017. It is his case that he was remained as the President/Moderator Bishop till 31.05.2021 as the tenure fixed under Article VII (2)(a) of the AELC Constitution is four years.

5. At that stage, one Pastor Rev. Ch. Elia approached the Principal Senior Civil Judge, Eluru, West Godavari District by way of O.S.No.55 of 2020 for certain reliefs against the petitioner and the deponent to the writ affidavit. In the application filed in the said suit for temporary injunction numbered as I.A.No.221 of 2020, the Additional Senior Civil Judge, Eluru had granted ad interim injunction. This order was challenged before this Court by way of C.R.P.No.35 of 2021. By an order dated 15.01.2021 in I.A.No.1 of 2021 in the above C.R.P., this Court had suspended the orders of the Principal Senior Civil Judge, Eluru. By a separate order dated 15.01.2021 in I.A.No.3 of 2021 in the same C.R.P., this Court had also directed respondents 4 to 6 herein, not to allow the unofficial respondents in the above C.R.P., to enter into the AELC office. One of the unofficial respondents in the above C.R.P., was Sri Paster Rev.Dr. Elia.

6. After the said orders were passed, respondents 4 to 6 locked the main building of the AELC in Guntur and posted picket in front of the office and also out side the gate of the compound wall. Instead of allowing the petitioner to enter into the building and carry on the activities of the AELC, respondents 4 to 6 prevented the deponent to the affidavit from entering into the premises. In view of the action of respondents 4 to 6, C.C.No.107 of 2021 was filed before this Court to punish respondents 4 to 6 for violation of the orders of this Court and a Form-I notice was also issued to respondents 4 to 6. The said contempt case is presently pending.

7. As respondents 4 to 6 had locked the premises and were preventing the rightful office bearers of the petitioner from entering into the premises, the present writ petition has been filed to declare the action of respondents 4 to 6 in locking the office of AELC and preventing the deponent to the writ affidavi