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Before the Madurai Bench of Madras High Court
THE HONOURABLE MR. JUSTICE P. JYOTHIMANI
The Tamilnadu Evangelical Lutheran Church Represented by its present Secretary, Trichy
Versus
Daniel Shanmugam & Others
Civil Revision Petition (MD).No.538 OF 2010 & M.P.(MD).Nos.2 and 3 of 2010
Decided on: 12-03-2010
Article 227 - Civil Revision Petition - Societies Registration Act XXI of 1860, Tamil Nadu Societies Registration Act, 1975 - Summary of Acts and Sections: Societies Registration Act XXI of 1860, Tamil Nadu Societies Registration Act, 1975 - The court discussed the validity of the amendments made to the bye-laws of the petitioner society under the Tamil Nadu Societies Registration Act, 1975. The court emphasized the importance of registration of amendments and the effect of such registration on the bye-laws. The court also highlighted the need for compliance with statutory requirements and the role of the registering authority in determining the validity of proposed amendments.
Fact of the Case:
The first respondent filed a suit challenging a notification for the election of members to the Venerable Church Council for the 41st Triennium. The suit questioned the validity of the amendments made to the bye-laws governing the petitioner society under the Tamil Nadu Societies Registration Act, 1975. The trial Court granted an order of injunction restraining the petitioner from conducting the election based on the notification.
Finding of the Court:
The court found that the election process had commenced before the order of injunction was granted. It emphasized that the trial Court failed to consider the conduct of the parties and the timing of the suit filing. The court held that the election process should not be scuttled unless there are gross violations of voter rights. It allowed the civil revision petition, setting aside the order of the trial Judge and permitting the petitioner to proceed with the election process, subject to the final decision in the civil suit.
Issues: The issues revolved around the validity of the amendments to the bye-laws of the petitioner society under the Tamil Nadu Societies Registration Act, 1975, and the timing of the suit filing in relation to the ongoing election process.
Ratio Decidendi: The court's decision was based on the commencement of the election process before the order of injunction, the conduct of the parties, and the need to prioritize the suit for expeditious resolution. The court emphasized the importance of compliance with statutory requirements and the role of the registering authority in determining the validity of proposed amendments.
Final Decision: The civil revision petition was allowed, setting aside the order of the trial Judge and permitting the petitioner to proceed with the election process, subject to the final decision in the civil suit. The trial Court was directed to expedite the resolution of the civil suit within three months.
1. This civil revision petition has been preferred under Article 227 of the Constitution of India against an interim order passed by the learned I Additional Sub Judge, Madurai, in I.A.No.91 of 2010 in O.S.No.120 of 2010, dated 03.03.2010.
2. The first respondent in the interim application before the civil Court, who is also the first defendant, has filed the present revision petition.
3. The first respondent has filed a suit against the petitioner and others, challenging the notification issued by the first respondent, dated 28.01.2010, calling for the election of members to the Venerable Church Council for the 41st Triennium (2010-2013) for the period between 07.05.2010 to 06.05.2013. As per the said notification, which is challenged in the suit, a schedule for conduct of election has been issued which is as follows;
“The first announcement of the convening of the P. Conference should be made on 14.02.2010 along with the Tentative Voters' List.
The Final Voters' List should be prepared by the Pastorate Committee on 20.02.2010.
The Second announcement should be made on 21.02.2010.
The third announcement should be made on 28.02.2010.
The Election should be conducted in the P. Conference on 07.03.2010.
The results of the elections should be announced to the congregation members on 14.03.2010."
Thereafter, there are further proceedings like no objections should be submitted with election results on or before 25.03.2010. Objections to be received by the Chairman Pastorate Committee from Pastorate Conference members.
Declaration of the Church Fund Contributors is to be checked with the declaration made before the end of 31st March 2010.
The number of Synod Delegates to be elected from each Pastorate will be intimated one month before namely 04.04.2010 and lastly the 41st Triennial Synod 2010-2013 to be held on for the purpose of election of members to the Venerable Church Council, declaration of results and for the installation of newly elected Church Council Members on 5th, 6th and 7th of May 2010.”
4. The first respondent, as it is seen from the plaint filed before the trial Court, is aggrieved by the notification, which refers to conducting of election by way of amended bye-laws governing the petitioner society.
5. The petitioner is a registered Society under the Societies Registration Act XXI of 1860, a Central Act and after the advent of Tamil Nadu Societies Registration Act, it is deemed to be a Society under the Tamil Nadu Act. The constitution and function of the petitioner society is governed by the Church Rules. There were two bodies maintaining the petitioner Society namely Synod and Synod Continuation Committee (SCC). Under the Bye-law governing the petitioner society, it is seen that the Synod is the General Body of the Society which decides all matters concerning their general and spiritual welfare stated to be the sovereign legislative body of the Church.
6. On the other hand, the Synod Continuation Committee (SCC) consists of members from the Synod and also others. It is stated to be the general body of Tamil Evangelical Lutheran Church with various functions entrusted to it relating to the administration and legislative matters of the Church and various other activities.
7. It is seen that the activities of the Church which were maintained by the petitioner society was peaceful till the completion of the 38th Triennial Synod. It appears that only in the 39th Triennial Synod, which is the period between 2004-2007, certain disputes have started surfacing in the administration which resulted in various litigation and it is seen that due to the pendency of various cases, the Synod of the said 39th Triennial could not take charge for the specified period and ultimately it is stated that the 39th Triennial Synod has functioned only eight months, while for the remaining period, the administration was in the hands of Bishop.
8. Likewise it appears in the 40th Triennial Synod, which is the period between 2007-20
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