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2023 Supreme(AP) 272
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
R. Raghunandan Rao, J.
The Jewett Memorial Baptist Church – Petitioner
Versus
State of Andhra Pradesh – Respondent
Writ Petition Nos.25781 of 2021 and Crl.P.Nos.9650, 9651 & 9653 of 2022, W.P.Nos. 36604, 4800, 6616, 13617, 17821, 19261, 19735, 23106, 34374, 40424 of 2022
Decided On : 09-02-2023
Advocate Appeared:
For the Petitioner: Somisetty Ganesh Babu
Headnote:
Constitution of India,1950 - Articles 14 and 21 - Public Societies Registration Act, 2001 - Section 23 - Disputes between the members of the Church - Criminal complaints have also been filed on account of physical altercations - Pastors are paid employees of Church - Church were conducted without any dispute till year various disputes have arisen between the members of Church as well as members of the elected Standing Committee - Disputes between the members of Church, including certain disputes between members of Church and Augustine, a Pastor of Church has resulted in a situation where conduct of normal prayers and other activities of Church cannot be performed peacefully - Held, Minutes Book and Attendance Register of the Standing Committee have also been produced before Court for purpose of demonstrating that clients had signed attendance register and the Minutes Book of meetings in which the clients of were also shown as members of Standing Committee - Court has no option except to dispose of these cases by granting liberty to petitioners to approach appropriate forum under Section 23 of Public Societies Registration Act, 2001 - Writ Petitions and Criminal Petitions are disposed of
ORDER :
The Jewett Memorial Baptist Church, Ongole was established in the year 1866. It was registered as a Public Society under the Societies Registration Act, 1860. It would now be regulated by the Public Societies Regulation Act, 2002. The Church is managed through a Standing Committee which is an elected body consisting of 13 members. These 13 members elect a Chairman, Secretary and Treasurer, from amongst themselves. Apart from this, a draw is conducted, periodically, for selecting Deacons from amongst the sitting members as on the date of the draw. The members, who are selected as Deacons get an additional period of one year beyond the original period given to the said member. In this manner, 7 of the members are selected as Deacons.
2. Apart from these office bearers, the Church also appoints certain persons as Pastors. These Pastors are paid employees of the Church.
3. The activities and functions of the Church were conducted without any dispute till the year 2018. Thereafter, various disputes have arisen between the members of the Church as well as the members of the elected Standing Committee.
4. The said disputes initially resulted in filing of S.R.O.P.No.6 of 2017 on the file of I Additional District Judge, Ongole, which is pending. One of the interlocutory proceedings in the said case also resulted in C.R.P.No.4848 of 2018 before this Court, which has been disposed of.
5. During the pendency of these proceedings, the disputes between the members of the Church, including certain disputes between the members of the Church and Sri D.John Augustine, a Pastor of the Church has resulted in a situation where conduct of normal prayers and other activities of the Church cannot be performed peacefully. The Sunday sermon has become a bone of contention between the warring groups. It also appears that criminal complaints have also been filed on account of physical altercations between the members of the Church.
6. In view of these developments, the present set of Writ Petitions and Criminal Petitions have come to be filed from time to time. The details of the Writ Petitions and Criminal Petitions filed in this connection and the reliefs sought are detailed below:
| Sl. No. | W.P.No. | Relief |
| 1. | W.P.No.40424/2022 | Questioning the action of the 4th respondent/SHO in not granting police Aid to the petitioner’s society for conducting the elections of the Jewett Memorial Baptist Church, Ongole, Prakasam District in terms of the Notification dated 03.11.2022 and consequently direct the respondents to grant police aid to the petitioner Society for performing to conducting elections for the JMB Church, Ongole in terms of the Notification dated 03.11.2022. |
| 2. | W.P.No.36604/2022 | Questioning the action of the respondents 2 to 5 / official respondents in not cooperating and in not allowing the petitioner being the Pr4esident / chairman and Pastor of JMB Church, Ongole to conduct elections to its executive committee at the instance of respondents 6 and 7 who are claiming and fighting each other as the Secretaries of the said church without there being any valid tenure and without considering the welfare of the church its staff and the devotees and leaving the church unfunctioned by making the devotees to conduct prayers in the open space available in the church premises as arbitrary, illegal unjust colorable exercise of power, showing favouritism, contrary to the orders of this Hon’ble Court in C.R.P.No.4898 of 2018 apart from being violative of Articles 14 and 21 of the Constitution of India and to consequently direct the respondent 2 to 5 not to interfere with the affairs of the church i.e., selection or election of the executive committee by the petitioner and to provide police protection to the petitioner while discharging the functions as |
