P VEERA SWAMY Vs. GANDHAM CHANDRA SEKHAR RAO

JUDGEMENT

(1.) Section 23 of the Andhra Pradesh Societies Registration Act, 2001 (for brevity, the Act of 2001), provides for resolution of disputes amongst the members of the Society in respect of any matter relating to the affairs of the Society through arbitration or by applying to the District Court concerned which is empowered to pass such order as it may deem fit after necessary enquiry. The scope and extent of the powers of the District Court under this provision, in the context of the interlocutory relief that it can grant pending disposal of the main case, fall for consideration in this writ petition. The first respondent herein filed SROP No. 1 of 2013 before the learned Principal District Judge, Ongole, under Section 23 of the Act of 2001, seeking a declaration that the election meeting held on 03.07.2012, through which respondents 1 to 13 therein claimed themselves to be the elected members of the Standing Committee of J.M.B. Church, Ongole, respondent 14 in the OP, as illegal and for a consequential permanent injunction restraining them from proclaiming themselves as the Standing Committee members of the said Church or in any way interfering with its affairs till regular elections were held in accordance with the bye-laws. He also sought a declaration that respondent 15 in the OP, viz., Rev. D.J. Augustine, the second respondent herein, being the permanent President-cum-Pastor of the Church as per its bye-laws, was alone entitled to control and manage the affairs of the Church till regular elections were held for the Standing Committee and for a permanent injunction restraining respondents 1 to 13 in the OP from interfering with the functioning of respondent 15 as the permanent President-cum-Pastor of the Church.

(2.) This OP was filed in March, 2013. Therein, the first respondent herein filed IA No. 730 of 2013 under Order 39, Rules 1 and 2 read with Section 151 CPC for a temporary injunction restraining respondents 1 to 13 therein from obstructing respondent 15 from performing the programmes and activities of the Church. The Principal District Judge, Ongole, passed the following order in the said IA on 21.03.2013.

(3.) This writ petition is filed by respondents 1 to 13 in the OP seeking a Writ of Certiorari to quash the above order. The facts, as culled out from the writ pleadings, are as under: