H A MARTIN Vs. E D CHARLES

JUDGEMENT

(1.) This contempt appeal is directed against the order dated 6 September 2013 in Contempt Petition No. 1266 of 2013 whereby and whereunder the learned Single Judge after holding that the appellant was guilty of contempt of Court refrained from imposing punishment, but issued a direction permitting the elected members to assume charge subject to the final outcome of the pending suit between the parties.

(2.) The first respondent in the affidavit filed in support of the contempt petition contended that the appellant by wilfully disobeying the direction given in CRP (MD) No. 2385 of 2010 convened an Extraordinary General Body Meeting unilaterally on 26 and 27 April, 2013. Thereafter the appellant closed the Central Office to prevent the conduct of elections by convening the 42nd Triennial Synod.

(3.) The appellant contested the contempt petition primarily on the ground that he had a right to continue to function as Bishop in view of the compromise arrived at before the Supreme Court in S.L.P. (Civil) Nos. 8263 to 8265 of 2011. The appellant took an alternative contention that the very issue with regard to the legality and correctness of the General Body convened on 26 and 27 April 2013 and the general body convened by the first respondent from 2 to 4 May 2013 are subject matter of Civil Suits and as such the said issue cannot be decided in the contempt petition.