BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on 16.08.2023 Pronounced on 10.11.2023 CORAM:

THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI CRP (MD) No.1832 of 2023 and CMP(MD)No.9172 of 2023 Pastor Sam Sudhaker ... Petitioner Vs.

1.The President, North Tamil Conference of Seventh Day Adventists, No.20/2, Williams Road, Trichy-1.

2.The Executive Secretary, North Tamil Conference of Seventh Day Adventists, No.20/2, Williams Road, Trichy-1.

3.The Treasurer, North Tamil Conference of Seventh Day Adventists, No.20/2, Williams Road, Trichy-1.

4.The President, South East India Union of Seventh Day adventists, No.197, GST Road, Vandalur, Chennai-600 048.

5.The Secretary, South East India Union of Seventh Day Adventists, No.197, Gst Road, Vandalur, Chennai-600 048.

6.Mrs.Jeyanthi Raja, W/o.Raja

7.N.V.Grace, W/o. Nachimuthu ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the docket order passed by the learned 1^st Additional District Munsif Court, Trichy, made in I.A.No.2 of 2023 in O.S.No.354 of

2023 dated 18.07.2023 by allowing the above civil revision petition.

For Petitioner : Mr.J.Barathan for Mr.C.Gangai Amaran For Respondents : Mr.S.C.Herold Singh

O R D E R

The above civil revision petition is preferred by the plaintiff in O.S.No.

354 of 2023 against the docket order passed in I.A.No.2 of 2023, on the file of First Additional District Munsif Court, Trichy, dated 18.07.2023.

2. According to the petitioner/plaintiff, the suit in O.S.No.354 of 2023 was filed for the relief of declaration and for permanent injunction. In the said suit, the petitioner filed an application in I.A.No.2 of 2023 for an interim injunction restraining the respondents/defendants from convening and conducting the 6^th constituency session to be held on 27.07.2023. However, the trial Court has adjourned the above interim application along with the suit to a further date. Hence, the above revision is preferred against the docket order passed by the learned trial Judge in I.A.No.2 of 2023.

3. The learned counsel for the petitioner would submit that the present notification for convening the 6^th Constituency meeting issued by the respondent executive council on 21.06.2023, who were not duly elected as per bye laws of North Tamil Conference of Seventh day Adventists on 16.08.2018 without having more number of members and the selection of council was questioned in O.S.No.998 of 2018 and the same is pending adjudication and the meeting to be scheduled on 27.07.2023. The validity of the present meeting notice was challenged before the trial Court and also sough for an order of interim injunction. But without considering the urgency of the above matter, the trial Court has not properly exercised discretionary power to grant an order of interim injunction and also ordered notice to defendants and posted the above matter on 17.08.2023 which would affect the right of petitioner and morefully the relief sought in the present suit would become infructuous. He would further submit that without deciding the validity of election conducted on 16.08.2018, the elected members has no authority to convene 6^th Constituency meeting on 27.07.2023, which would affect the rights of the parties in the earlier suit in O.S.No.988 of 2018. 4. On the other hand, the learned counsel appearing respondents would submit that, the respondents herein are the President, Secretary and Treasurer of the North Tamil Conference of SDA, who were duly elected in the election conducted on 16.08.2018 by the Election Officer appointed by this Court in C.R.P(MD) No.2574 of 2015 and were continuing as the Administrators of North Tamil Conference. The petitioner had been the President till 2014 and by the interim orders of the Court, he continued as the President of the North Tamil Conference even upto 2018. Thereafter, the petitioner has no locus standi to file the present suit, since the petitioner is neither an elector or candidate. On peru