Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 Supreme(Mad) 3539

HIGH COURT OF JUDICATURE AT MADRAS
R. BANUMATHI & B. RAJENDRAN
Congregation of Zion Lutheran Church Pranthanery rep. By its Member P. Rajesh Alwin & Others
Versus
The India Evangelical Lutheran Church rep. By its General Treasurer & Others
O.S.A. Nos. 209, 210, 211, 226 & 227 of 2011 & M.P. Nos. 1, 1, 1, 1 & 2 of 2011
Decided on : 05-08-2011

Advocates appeared:
For the Appellants:Yashod Vardhan, Sr. Counsel for V. Anand, C. Prabhakaran, Advocates.
For the Respondents:R1 & R5 - T.V. Ramanujam, Sr. Counsel for C. Jagadish, Advocate.

The court emphasized that the absence of a convention credential committee did not render the election illegal and that the election was conducted under the supervision of a former judge and overseer appointed by the court.

Headnote:
Election Dispute - Religious Society - Tamil Nadu Societies Registration Act - Sections 1A(1), VII(B)(22), Chapter X General Clause 4(b) - The court dismissed the applications for injunction to restrain the elected office bearers from functioning and taking policy decisions. However, an order was granted to prevent the alienation of the property without the court's permission.
Fact of the Case:

The appellants filed suits challenging the elections conducted for the India Evangelical Lutheran Church, alleging irregularities in the election process. They sought injunctions to declare the elections null and void and to restrain the elected office bearers from functioning.
Finding of the Court:

The court dismissed the applications for injunction, stating that the election was conducted under the supervision of a former judge and overseer appointed by the court. The court found that the absence of a convention credential committee did not render the election illegal. It also noted that the appellants failed to provide details of ineligible voters and omitted persons at the time of election.
Issues: The main issues were the validity of the election process, the absence of a convention credential committee, and the eligibility of voters.
Ratio Decidendi: The court held that the absence of a convention credential committee did not render the election illegal. It emphasized that the election was conducted under the supervision of a former judge and overseer appointed by the court. The court also noted that the appellants failed to provide details of ineligible voters and omitted persons at the time of election.
Final Decision: The court dismissed the original side appeals and closed the connected miscellaneous petitions, with no costs awarded.

JUDGMENT :-

B. RAJENDRAN, J

1. These five appeals are filed by the appellants aggrieved by the order dated 24.06.2011 passed by the learned Judge in Application Nos. 7374, 1319 and 1276 of 2010 in C.S. No. 998 of 2010 and Application No. 1321 and 1322 of 2010 in C.S. No. 1034 of 2010.

2. By consent of counsel for the parties, all the appeals are taken together for final disposal and are disposed of by this common judgment.

3. The appellants in O.S.A. Nos. 209 to 211 of 2011 have filed the suit in C.S. No. 998 of 2010 before this Court praying for a declaration to (i) declare that the election conducted by the respondents 5 to 7 as null and void (ii) declare that the elections to the Nagercoil Synod of the first respondent is illegal, null and void and for grant of a consequential permanent injunction restraining the third respondent from functioning illegally (iii) declare that the elections to the Trivandrum Synod of the first respondent is null and void and for a consequential permanent injunction restraining the second respondent from functioning illegally (iv) declare that the respondents 2 and 3 are ineligible to vote for the post of the President of the first respondent and grant consequential permanent injunction restraining the respondents 2 and 3 from voting in the election for the President of the first respondent; award damages of Rs.5,00,000/- to be paid by respondents 5 to 7 to the plaintiffs.

4. Pending this suit, the appellants herein have filed Application No. 1276, 1319 and 7374 of 2010.

5. Application No. 1276 of 2010 was filed praying for an interim injunction restraining the respondents 1 to 3 from taking any policy decision and from changing the service conditions of the employees.

6. Application No. 1319 of 2010 was filed praying for an interim injunction to restrain the respondents 1 to 3 from functioning and acting in any capacity based on their election in 2010, pending disposal of the suit.

7. Application No. 7374 of 2010 was filed praying to appoint an Administrator to carry on the Administration of the first respondent/first respondent registered Association in Indian Evangelical Lutheran Church, pending disposal of the suit.

8. C.S. No. 1034 of 2010 was filed by the appellants in O.S.A. Nos. 226 and 227 of 2011 along with others praying for Declaration (i) to declare that the elections held for Ambur Synod of I.E.L.C. between 02.11.2010 and 04.11.2010 and publication of results made on 10.11.2010 by the second respondent herein as illegal, invalid and ultra vires the constitution of I.E.L.C. and the Constitution of Ambur Synod of I.E.L.C. (ii) for a consequential injunction restraining the respondents or their men from acting on the basis of the results of the aforesaid Election held between 02.11.2010 and 04.11.2010 for the Ambur Synod and discharging any functions, duties, powers etc., on the basis of the results of the aforesaid Elections in the management and administration of I.E.L.C. Ambur Synod of I.E.L.C. and its institutions and properties (iii) To declare that the election of the fifth respondent dated 07.12.2010 as illegal, null and void and in consequence thereof grant a permanent injunction restraining the fifth respondent from functioning as the President of the first respondent namely the India Evangelical Lutheran Church (I.E.L.C.) and for costs.

9. Pending this suit in C.S. No. 1034 of 2010, Application Nos. 1321 and 1322 of 2010 were filed by the plaintiffs. Application No. 1321 of 2010 was filed praying for an interim injunction restraining the respondents/respondents and other duly elected representatives of Ambur Synod, their men, agents, or any one claiming through them or authorised by them, from in any manner acting on the basis of the results published on 10.11.2010 by the second respondent for the Elections held for various posts in Ambur Synod during 02.11.2010 to 04.11.2010.

10. Application No. 1322 of 2010 was filed praying for interim injunction fifth respondent/fifth res

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2011 Supreme(Mad) 3539

The court emphasized that the absence of a convention credential committee did not render the election illegal and that the election was conducted under the supervision of a former judge and overseer appointed by the court.

Cases Referred (2)