REV. P.M. VIJAYASEELAN, ADVENT CHRISTIAN CHURCH, PRESIDENT, ADVENT CHRISTIAN CONFERENCE OF INDIA, 163, A.A.M. COMPOUND, GANDHI SALAI, VELACHERY, CHENNAI Vs. REV. M. BARNABOSS

JUDGEMENT

(1.) This appeal is filed against the fair and decreetal order passed by this Court on 07.06.2016 in O.A. No. 296 of 2016 in C.S.No.222 of 2016.

(2.) The facts arising out of this appeal are as under:-

(3.) The learned counsel for the appellant has submitted that the procedure for election to the post of President is governed by the bye-laws of the society duly registered under the provisions of the Tamil Nadu Societies Registration Act. Chapter-VI of the bye-laws of the Advent Christian Conference of India states that the Faith and Order Committee shall appoint qualified persons for the post of President and Treasurer and get the approval of the Executive Committee and then the same shall be announced in the General Body. The respondents 1 to 10 also filed affidavits supporting and affirming the fact that the appellant was duly selected as President by the Faith and Order Committee vide resolution dated 26.03.2016. It is the specific case of the appellant that the element of election/selection to the post of President only vests with the Faith and Order committee and inter-se evaluation is only done by the said committee and accordingly the appellant was evaluated as against the 11th respondent and chosen, and that the role of the Executive Committee as per bye-laws is only approval of appointment and not more than that and the role of the General Body is confined only to the extent of announcement. Thus, the learned counsel submitted that the administration of the society has to be strictly in consonance with the bye-laws of the society. She further submitted that the learned single Judge has erred in not appreciating the stand of the appellant that a fresh election should be conducted in view of the fact that the election was vitiated by fraud due to collusion between the 11th and 12th respondents. She, in all fairness, submitted that to give a quietus to the entire issue, this Court may appoint an Advocate Commissioner to conduct a fresh election to the post of President as per the bye-laws. She further submitted that this submission of appointment of Advocate Commissioner to conduct fresh election is made only with an intention to aid the smooth functioning of the respondent-society, without prejudice to the fact that the appellant is the duly elected President of the 19th respondent society. Stating so, she prayed that the order passed by the learned single Judge has to be set aside and this appeal has to be allowed.