RT.REV PRASANNA KUMAR SAMUEL Vs. FRANKLYN JAMES

JUDGEMENT

(1.) By the impugned order, the Trial Court has restrained the defendants/appellants herein from giving effect to the resolution 'CX.383/2018-21: Synod Matter-Enquiry report' dated 19.07.2021 pending disposal of the suit.

(2.) The Trial Court has further restrained the defendants/appellants from preventing the plaintiff from exercising his vote or from contesting any of the Elections of the area councils, elections at the Triennial councils and/or any other elections conducted by or with respect to the 4th and 5th defendants, except in respect of the election which prohibits him from contesting in the election under Chapter- VII Rule 12(E) of the Constitution of 5th defendant, pending disposal of the suit.

(3.) Thus, by the interim order, all that has been done by the Trial Court is to permit the plaintiff to exercise his vote and from contesting the elections. This interim order, in my view, does not prejudice the appellants, in any manner. If the plaintiff is permitted to participate in the electoral process, no harm or prejudice would be caused to the appellants since the right to participate in an election is an elementary right available to a member of an organization governed by its rules.