REV. C. CHRISPUS, S/O. CHELLAYYAN, AGED 60 YEARS, PRESIDENT OF TRIVANDRUM SYNOD, POOMALLIYOORKONAM, CONCODIA COMPOUND, PEROORKADA P.O., THIRUVANANTHAPURAM Vs. REV. M. ROBINSON, KRIPALAYAM, PULIMOODU, KULAPPADA P.O., ARYANADU, THIRUVANANTHAPURAM

JUDGEMENT

(1.) The petitioner in the above case is challenging Ext. P14 order passed by the Additional District Judge (Vacation Court) Thiruvananthpuram in IA.No.2966/2016 in OS.No.700/2016 of Munsiff Court, Thiruvananthapuram under Art. 227 of the Constitution of India.

(2.) It is alleged in the petition that the petitioner is the duly elected President of the Thiruvananthapuram Synod of the India Evangelical Lutheran Church (hereinafter referred to as 'IELC' for short). The respondents are the members of the Thiruvananthapuram Synod who are in inimical terms with the petitioner and other elected members of the executive committee of Thiruvananthapuram Synod. IELC is an ecclesiastical society registered under the Society of Registration Act, 1860 governed by its own constitution Ext.P1. It has at present three Synods namely Ambur Synod, Nagarcoil Synod and Trivandrum Synod. The appointment of office bearers of Synod and IELC (except Ambur Synod for a period of 3 years) is for a period of two years and they are being elected through an election procedure as per the constitution. For the purpose of conducting the election an election commissioner will be appointed as per Art. VIIA.4 of the Constitution and he shall duly notify and conduct election in the manner prescribed under Ext.P1 constitution. He shall have assistance of the Regional Officer concerned in carrying out his task and he shall be the final judge of any election dispute over elections and appeals are to be preferred within a week after the election. For conducting election of current term i.e., 2014-2016 in respect of Synods and IELC, Mr. Benjamin Franklin was appointed as election commissioner as per letter dated 10.1.2014 by the Church Council, IELC and then acting President Y. Sukumaran, IELC and accordingly he notified for election as per notification dated 21.4.2014 and conducted election on 27.5.2014 in compliance with the order dated 22.5.2014 in IA.No.7854/2014 in OS.No.2666/2014 filed before City Civil Court, Chennai. The election was conducted at IELC, Ambur and petitioner was elected as President, Rev.B. Joy Madathikonam as Vice President, Mr. Shanoj Thaloor as Secretary and Rev. C.S. Jayakumar Kaliyakavilai as Treasurer of Trivandrum Synod respectively. Election results were duly communicated to the Registrar of Societies as per letter dated 1.7.2014 and they have assumed charge with effect from 29.5.2014 and they were thereafter continuing as office bearers of Trivandrum Synod.

(3.) The respondents and their men attempted to cause hindrance to the election proceedings by unnecessarily filing litigation to stop the election process and challenging the appointment of Election Commissioner Mr. Benjamin Franklin and for other allied mattes. They failed and City Civil Court in IA.No.7854/2014 in OS.No.2666/2014 directed the conduct of election to be conducted. Accordingly elections were conducted. The petitioner and others mentioned above were elected as office bearers of the Trivandrum Synod.