Writ petitions challenging private body elections lack maintainability under Article 226 unless significant public law elements exist.

ORDER

The petitioner claiming to be aggrieved by the action of the respondents – the Karnataka Central Diocese, the Church of South India and Bishop of the 1st respondent is before this Court calling in question results of election held during the meeting of 25th Ordinary Triennial Council between 14-10-2021 and 17-10-2021 and seeks re-conduct of election in a fair manner by appointment of a Court Commissioner.

2. Shorn of Unnecessary details, facts in brief, germane for consideration of the lis, are as follows:-

The petitioner during October, 2013 was elected as a lay Member of the Diocese for a period of 2 years. Later, the petitioner was elected as an Associate Treasurer of the Diocese for a period of three years. Elections were held to the Synod in the month of January 2020. It appears that certain pandemonium broke out during the election which was informed to the Moderator of the elections. After conduct of elections on 04-05-2020 it appears that the petitioner has raised an issue with regard to shortage of funds with the Diocese, after which, the petitioner alleges to have been replaced as a signatory for a period of two months which is brought to the notice of the Moderator on 28-05-2020 of the illegal action of the Diocese by removing the petitioner as the signatory of the Treasury and other incidental issues. Certain judicial proceedings were instituted by the petitioner against the Diocese and the Church of South India and the narration of those proceedings would not be necessary at this juncture for the issue that is now being considered. Elections were sought to be conducted for the Executive Committee of the Church of South India. On 06-10-2021 the petitioner files his nomination for the post of Synod Representative, Executive Committee Member and Property Committee Member in the elections that were ensuing to be held in the 25th Triennial Council Meeting. The name of the petitioner was included in the list of posts for which the election were to be conducted i.e., the posts of Property Committee, Synod Representative and Executive Committee of the Diocese. On 14-10-2021 the 25th Triennial elections were held and the respondents herein before the elections could take place prohibited the petitioner from contesting and voting in the elections. It is this action that drives the petitioner to this Court.

3. Heard Sri K. Arun Kumar, learned senior counsel appearing for the petitioner and Sri B.M.Arun, learned counsel appearing for respondents.

4. The learned senior counsel appearing for the petitioner would submit that there has been no election worth the name conducted by the 2nd respondent for the posts to which election were held on 14-10-2021 and, therefore, it is a case where serious irregularities and rigging have taken place in the election and, therefore, seeks conduct of fresh election by appointment of a Court Commissioner to oversee the election so conducted to Church of South India.

5. On the other hand, the learned counsel representing the respondents would seek to contend that the petition itself is not maintainable since what is challenged is an election conducted to a private body. If a person is aggrieved of the elections conducted to a private body he cannot be seen to be knocking at the doors of this Court, as there is no public law element involved in the grievances of the petitioner.

6. In reply to the said submission with regard to maintainability, the learned senior counsel would submit that the writ petition against Church of South India is held to be maintainable by various Courts in the country and eve