KARNATAKA CENTRAL DIOCESE, REPRESENTED BY ITS SECRETARY, REV. PRASANNA KUMAR SAMUEL, RT. REV. DR. J. SADANANDA, MODERATOR'S COMMISSARY KARNATAKA CENTRAL DIOCESE AND REV. SOUNDER RAJ J., THE AREA CHAIRMAN Vs. GABRIEL GNANADAS AND OTHERS@RESPONDEN

JUDGEMENT

(1.) THE defendants are in appeal aggrieved by the judgment and decree, dated 11.10.2013 in O.S. No. 4865/2013 passed by the Court of the XLIV Additional City Civil and Sessions Judge, Bangalore. The facts of the case in brief are that the respondents are the members of the St. Barnabas Church situated in Murugeshpalya, Bangalore. The election to the Pastorate Committee of the said Church took place on 30.6.2013. Complaining of the irregularities in the said election, the respondents filed the suit seeking the relief of declaration that the said election is arbitrary and illegal. They further sought the relief of permanent injunction for restraining the third appellant (defendant No. 1) from convening the meetings of the members elected illegally in the said election. The appellants remained ex parte. On perusing the plaint averments, oral and documentary evidence placed on its record, the Trial Court decreed the suit. The appellants are restrained from convening the meeting of the elected members, as the election was considered to be in violation of the first appellant's (defendant No. 2) bye -laws.

(2.) SRI Arun B.M., the learned counsel for the appellants submits that the appellants could not take part in the suit, although they were served with the notice. The first appellant's office was locked since last week of July 2013 on account of certain disputes. Because of the confusion and communication -gap, the appellants could not instruct their learned counsel. He submits that this is a solitary instance where the appellants did not take part in the suit proceedings. Otherwise they are diligent in following up the court matters.

(3.) THE learned counsel submits that the first appellant's bye -laws provide for the raising of the election disputes before Diocesan Election Commission. He submits that the respondents have indeed filed the objections with the Bishop on 2.7.2013. The same are received by the Bishop's office on 4.7.2013. Without giving any time for breathing, on the very next day they have rushed to the civil court. He further submits that the objections from the voting members of the Pastorate to the elections are to be sent to the Bishop. He read out clause.11 of Chapter 5 of the first appellant's bye -laws, which are as follows: 11. Objections from voting members of the Pastorate, if any, to the election shall be sent to the Bishop in writing within five days from the date of election. If the Bishop is satisfied that the objection is valid he shall, with the assistance of four members chosen by him from the panel of the Diocesan Court, hold an enquiry. If upon such enquiry the objection is sustained, he shall declare the election invalid. In all matters relating to the election and the disputes thereon, the decision of the Bishop shall be final and conclusive.