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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF JANUARY, 2023

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION No.21304 OF 2021 (GM 3 RES)

BETWEEN:

FRANKLYN JAMES

S/O D.JAMES ABRAHAM

AGED ABOUT 68 YEARS

NO.215, BDS GARDEN

GEDDALAHALLI

KOTHNAUR P.O.,

BENGALURU 3 560 077.

... PETITIONER

(BY SRI ARUN KUMAR K., SR.ADVOCATE FOR

SRI SUNDARA RAMAN M.V., ADVOCATE)

AND:

1.

THE KARNATAKA CENTRAL DIOCESE

NO 20, 3^RD CROSS

CSI COMPOUND

BENGLAURU 3 560 027

REPRESENTED BY ITS SECRETARY.

2.

CHURCH OF SOUTH INDIA

NO 5, WHITES ROAD

ROYAPEETH

CHENNAI 3 600 014

REPRESENTED BY ITS

GENERAL SECRETARY.

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3.

RT. REV.DR.P.K. SAMUEL

BISHOP, KARNATAKA CENTRAL DIOCESE

S/O LATE MR.SAMUEL

AGED ABOUT 65 YEARS

KARNATAKA CENTRAL DIOCESE

NO.20, 3^RD CROSS

CSI COMPOUND

BENGLAURU 3 560 027.

... RESPONDENTS

(BY SRI ARUN B.M., ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE RESULTS OF

THE ELECTIONS HELD DURING THE XXV ORDINARY TRIENNIAL

COUNCIL

BETWEEN

14.10.2021

TO

17.10.2021;

DIRECT THE R-1 TO RE-CONDUCT THE ELECTIONS IN A FAIR AND

AUTONOMOUS MANNER WHILE ALLOWING THE PETITIONER TO

CONTEST IN THE ELECTIONS FOR THE POST OF SYNOD

REPRESENTATIVE AND MEMBER OF EXECUTIVE COMMITTEE.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED

FOR ORDERS ON 10.01.2023, COMING ON FOR PRONOUNCEMENT

THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

The petitioner claiming to be aggrieved by the action of the

respondents 3 the Karnataka Central Diocese, the Church of South

India and Bishop of the 1^st respondent is before this Court calling in

question results of election held during the meeting of 25^th Ordinary

Triennial Council between 14-10-2021 and 17-10-2021 and seeks

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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

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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 25^th 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 25^th 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 couns