A State Legislature cannot confer jurisdiction on courts outside its territory, reaffirming that laws made by a State are confined within its territorial limits, as per Articles 245 and 246 of the Constitution.

JUDGMENT :

S.MANU, J.

Order dated 28.7.2025 passed by the learned District Judge, Pathanamthitta in I.A.No.4/2025 in O.P. (Society)No.30/2025 is under challenge in this appeal. Appellants are the respondents 1 and 2 in the I.A. Respondents 1 to 4 herein are the petitioners in the I.A. The remaining respondents are the respondents 3 to 5 in the I.A. respectively.

2. The I.A. was filed seeking temporary prohibitory injunction restraining the 2^nd appellant from implementing and establishing the operation of IPC Malabar State, Kerala and also from forming further States by dividing the existing Kerala State Council. By the impugned order, the learned District Judge restrained the 2^nd appellant herein from forming any ‘sub state within the Kerala State Council of Indian Pentecostal Church of God and also from proceeding with the functions of the IPC Malabar State Council until further orders.

3. According to the appellants, the 1^st appellant is the largest indigenous Pentecostal Church in India with more than 10,000 churches in India and abroad with several lakhs of believers. The 1^st respondent was registered under the Societies Registration Act of 1860. The registered office is situated at Eluru, West Godavari District, Andhra Pradesh. Currently the IPC is governed by the provisions of the Andhra Pradesh Societies Registration Act, 2001 (hereinafter referred to as “the Andhra Act”). The central working office is situated at Kumbanadu in Pathanamthitta District.

4. The main dispute which led to filing of the O.P. (Society) is the formation of ‘IPC Malabar State’ carving out 513 local churches and 34 District/Centres from IPC Kerala State. Respondents 1 to 4 alleged that the decision to form a separate State was taken without any authority of law and without following the procedures contemplated in the Memorandum of Association and constitution of IPC. Invoking Section 23 of the Andhra Pradesh Societies Registration Act, 2001, the Original Petition was filed in the District Court, Pathanamthitta.

5. First and foremost contention raised by the appellant in this appeal is regarding the maintainability of the original petition before the District Court, Pathanamthitta. As all counsel appearing for various parties elaborately addressed arguments on this issue, it is appropriate to deal with the said contention before addressing the matter on merits.

6. The 1^st appellant obtained registration initially under the Societies Registration Act, 1860 (Central Act 21 of 1860) from Eluru in Andhra Pradesh. In 2001, the legislative assembly of the State of Andhra Pradesh enacted the Andhra Pradesh Societies Registration Act, 2001 . The object of the Act is to consolidate and amend the law relating to the registration of societies situated in Andhra Pradesh promoting art, fine arts, charity, crafts, religion, sport, literature, culture, science, philosophy, political education or any other public purpose and for matters connected therewith or incidental thereto.

7. Section 23 of the Andhra Act deals with disputes arising among the Committee or the members of the Society, in respect of any matter relating to the affairs of the Society. Two remedies are provided under the provision. The aggrieved can proceed under the provisions of the Arbitration and Conciliation Act, 1996 or file an application in the District Court concerned. Upon filing of an application in the District Court, the said Court shall, after necessary enquiry, pass such order as it may deem fit.

8. Court has been defined under Section 2(d). The expression shall be understood with respect to cities of Hyderabad and Secunderabad as City Civil Courts and elsewhere the same w