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2023 Supreme(AP) 1410

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
R.Raghunandan Rao, J.
K.Fredrick Paradesi Babu - Appellant
Versus
State of Andhra Pradesh - Respondent
Writ Petition Nos. 10887, 10891 of 2021
Decided On : 12-09-2023

Headnote:

Societies Registration Act - Andhra Evangelical Lutheran Church - 1860 Act, 2001 Act - The court discussed the legal standing of the Church under the Societies Registration Act, 1860 and the repealing provisions of the Andhra Pradesh Societies Registration Act, 2001. It highlighted the disputes over the term of the President and the elections, and the need for resolution through a competent civil court under Sec. 23 of the A.P. Societies Registration Act, 2001.

Fact of the Case:

The Andhra Evangelical Lutheran Church, a Church with a legal standing under the Societies Registration Act, 1860, faced disputes over the term of the President and the conduct of elections. The court found deep divisions between the members of the Society and emphasized the need for resolution through a competent civil court.

Finding of the Court:

The court declined to decide the identity of the lawfully elected office bearers and dismissed the writ petitions, leaving it open to the parties to agitate their grievances before the appropriate forum. However, it made necessary arrangements for the peaceful functioning and management of the society, ensuring the present management continues with oversight by an Advocate Commissioner.

Issues: Disputes over the term of the President, conduct of elections, and management of the Society led to legal proceedings. The court addressed the need for resolution through a competent civil court and the duty to ensure the peaceful functioning and management of the society.

Ratio Decidendi: The court emphasized the need for resolution through a competent civil court under Sec. 23 of the A.P. Societies Registration Act, 2001 and made necessary arrangements for the peaceful functioning and management of the society, ensuring the present management continues with oversight by an Advocate Commissioner.

Final Decision: The court dismissed the writ petitions, leaving it open to the parties to agitate their grievances before the appropriate forum, and made necessary arrangements for the peaceful functioning and management of the society, ensuring the present management continues with oversight by an Advocate Commissioner.

JUDGMENT

1. Heard Sri C.V. Mohan Reddy, learned counsel appearing for Sri S. Vivek Chandra Sekhar learned counsel for the petitioners in W.P.No.10891 of 2021, Sri K.G. Krishna Murthy, learned Senior Counsel appearing for Sri K. Rama Mohan learned counsel for the petitioners in W.P.No.10887 of 2021, Sri J. Sudheer, learned counsel appearing for Respondent No. 6 in W.P.No.10887 of 2021, Sri M.R.K. Chakravarthy, learned counsel appearing for Respondent No.5 in W.P.No.10891 of 2021, Sri Ravi Sankar Jandhyala, learned Senior Counsel appearing for Sri A. Rama Koteswara Rao, learned counsel appearing for Implead Petitioners/Respondent Nos. 15 to 18 in I.A.No.6 of 2022 in W.P.No.10887 of 2021, Sri K.Vijay Kumar, learned counsel appearing for Respondent Nos.8 to 14 in W.P.No.10887 of 2021, Sri G. Thuhin Kumar, learned counsel appearing for respondent No.6 in W.P.No.10891 of 2021 & Respondent No.7 in W.P.No.10887 of 2021 and the learned Additional Advocate General for the State and Official Respondents.

2. As all the above matters are interconnected and between the same parties, they are being disposed of, by way of a common order.

3. M/s. Andhra Evangelical Lutheran Church is a Church, which has been in existence for the past 170 years. To give a legal standing for this Church, a Society was registered under the Societies Registration Act, 1860 in the year 1932. By virtue of the repealing provisions of the Andhra Pradesh Societies Registration Act, 2001, it is deemed that this Society is a Society, registered under the Provisions of the 2001 Act and the said Act would be the applicable law.

4. The Andhra Evangelical Lutheran Church, herein after referred as the Society, consists of about 1200 Churches and 300 Congregations, spread over various Districts of the State of Andhra Pradesh. All the aforesaid Churches and Congregations are organised into 6 synods namely Central Guntur synod, East Guntur synod, West Guntur synod, East Godavari synod, West Godavari synod, Visakha synod and the Synods are further divided into several parishes and the parishes are further classified as 'A', 'B', & 'C' according to their strength and financial capacity. The affairs of the Society are run by a Central Body, which consists of elected members and a treasurer who is a nominated member. The method of election is that elections are first conducted for the Synods from which the electors, who would participate in the election to the Central Body, are drawn. The electors, so drawn, elect the Central Body, which would consist of a President, Vice President, General Secretary, and 12 members from the six Synods and 10 other members. It may also be noticed that the Treasurer is not an elected member and is nominated by the Central Body itself. The election to this Central Body is conducted during the annual conventions of the Society. The term of all the office bearers and members of the Central Body, except the President is for a period of two years. There is some controversy as to the term of the President. Some of the parties in these writ petitions contend that the term of the President is four years while some of the other parties contend that the terms of the President is only two years.

5. The last undisputed elections to the Society were conducted in the year 2017. The parties to these Writ Petitions have different versions of what happened after 2017. Before considering these versions, it may be noticed that the parties before this court fall, roughly, into three groups. The first group is headed by Dr. Frederick Paradesi babu, (hereinafter referred to as Dr. Babu). The second group is headed by Dr.CH. Elia. Initially Mr. Lazarus was part of this group. Later, differences appear to have cropped up between Dr.CH. Elia and Mr. Lazarus also. The third Group is headed by Mr. Sam Sampath. All of them contend that they are the rightful and duly elected office bearers of the Society. This categorisation is being made only for the purposes of recording the ri

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