O R D E R

Challenging the order dated 12.01.2021 passed by the second respondent in Election Appeal Petition No.1/2020-21, the petitioner has come up with this writ petition.

2.According to the petitioner, he belongs to Holy Trinity Church, Bungalow Surandai. The diocese is governed by the Constitution of CSI. Chapter 10 deals with the election rules. According to Rule B 1, a member has to reside minimum 120 days within the pastorate before the commencement of the election and continuous period of 3 years of the previous election. Further, Rules 3(4), 5 and 11 also reiterated that atleast a member has to reside minimum 120 days in a year within the pastorate. Pursuant to the order of this court, the Administrators issued notification for conduct of 4 phases of election to CSI diocese. Consequently, they passed order no.4 dated 16.12.2020 approving the guidelines suggested by the election officers dated 14.12.2020, as per which, the eligible voter should be a resident of the particular pastorate; if one is having two or more entries in different pastorates, one should choose one voting centre (pastorate) only preferably the place where his residence is located; and a voter in any category shall not be a voter in any other diocese and if formed to be so, he/she shall forfeit the right of membership. It is alleged by the petitioner that the respondents 4 to 8 are permanently residing outside the jurisdiction of the pastorates and CSI diocese of Tirunelveli; the respondents 4 and 6 are the brothers, the fifth respondent is the wife of the fourth respondent, the seventh respondent is the wife of the sixth respondent; the respondents 4 to 7 are doing business in chennai in the name and style of D.S.Madras Snuff and other related entities and they are aged about more than 70 years. The petitioner further alleged that the eighth respondent is a government teacher working in the aided school and permanent resident of Tuticorin District. Thus, according to the petitioner, the respondents 4 to 8 were illegally included as eligible voters. Stating so, he sent a petition to the third respondent on 05.12.2020 requesting to remove their names from the voters list. However, the said request was not considered by the third respondent.

Feeling aggrieved, he preferred an appeal before the election enquiry officer on 11.12.2020, which was also not considered. Challenging the same, the petitioner filed Election Appeal Petition on 29.12.2020 before the second respondent seeking to disqualify them as ineligible members for participation of election conducted by the first respondent. However, the second respondent dismissed the said appeal, by order dated

12.01.2021, which is impugned herein.

3.Upon notice, the respondents 4 to 7 filed a counter affidavit, denying the averments made in the writ petition. According to them, the fourth respondent is living permanently at No.1/178, East Street, Parankuntrapuram, Surandai Pastorate, Tenkasi Taluk and his brother and family are living at Door No.1/199, Church Street, Parankuntrapuram, Surandai Pastorate, Tenkasi Taluk. The fourth respondent further stated that he is living in Parankuntrapuram for more than 50% of days in every year and he visits chennai regularly in order to attend the business activities and he is not a member of any other church and he has not paid sangam to any other church either in chennai or elsewhere. It is also submitted that the fourth respondent paid sangam payment at Surandai Pastorate and the chairman has retained him in the eligible voters list this year as well.

4.Heard all the parties and perused the materials available on record.

5.It is the specific case of the petitioner that according to the constitution, a member has to reside within the pastorate at least 120 days in a year and serve for the people and welfare of the community, whereas the respondents 4 to 8 are permanently residing outside the jurisdiction of the pastorates. When the same was brought to the notice of the