B. SRIRAMULU Vs. M. SHANTI DAS

JUDGEMENT

(1.) The civil revision petition is filed under Article 227 of the Constitution of India, challenging the order dated 15.07.2013 passed in I.A.No.1248 of 2013 in O.P.No.106 of 2013 by the Principal District Judge, Kurnool, whereby the petition filed under Section 23 of the A.P. Societies Registration Act, 2001, was allowed.

(2.) Respondent No.1 herein is the petitioner before the trial Court, who filed petition under Order XXXIX Rules 1 and 2 of Code of Civil Procedure (for short "C.P.C.") for grant of interim injunction restraining the so called list of members whose names are printed from 8th page of the Church Primary Membership Register dated 31.08.2012 and other members, if any, who are allotted membership on submitting their applications instead of declaration forms, from participating and interfering with any of the official affairs of the Church, including voting and participating in the General Body meeting as per bye-laws of the Church, pending disposal of the above main O.P., alleging that as per the bye-laws of the society enumerated in Part-A of the Constitution of the Church, a person, who intends to get membership of the Church through Baptism, should fill-up and submit declaration form issued by respondent No.2/Secretary as per the conditions printed on the reverse side of the said declaration and pay membership fee of at least Rs.900/- per annum. He recently learnt that respondent No.2/Secretary replaced an application for membership in the place of the declaration form to be submitted by the members containing the conditions on the reverse side of the said declaration for getting membership and allotted membership to more than 300 persons, contrary to the bye-laws of the Constitution of the Church and got their names published as members in the Book called Church Primary Membership Register as on 31.08.2012, more particularly from page No.8 of the said Book; that respondent No.2/Secretary is collecting membership fee of only Rs.500/- from the newly joined members, prayed to allow the petition.

(3.) Respondent Nos.2 to 4 herein are respondent Nos.1 to 3 before the trial Court, who filed counter denying the material allegations made in the petition interalia contending that on 10.03.2013 in its special meeting, the Standing committee of the Church resolved to recommend the applications of one Sreeramulu and others to be referred to the General Body; that on 14.05.2013 in the regular Standing Committee meeting also, it was resolved as such; that in the General Body meeting dated 16.05.2013, it was resolved that if such person submits application, declaring that he/she obtained Baptism and has been living as a Christian having becoming as Christian etc., by affixing his/her two passport photos, such application would be recommended to the next General Body meeting for considering their membership and right to vote; that thereafter in the next General Body meeting dated 16.05.2013, it was resolved that all such applicants be given primary membership and if they pay at least six monthly instalments at Rs.500/-, they also would be given right to vote, as discussed therein, by relaxing the earlier conditions; that the petitioner also attended the said General Body meeting and signed those resolutions, giving his consent to those resolutions and therefore, the petitioner is estopped as to dispute the membership of such persons; that nothing was unconstitutionally done and all the resolutions were perfectly constitutional; that the petitioner has not approached the Court with clean hands, therefore, he is not entitled to any relief.