V AMOSALIASRAMULU Vs. P JOHSON

JUDGEMENT

(1.) THIS civil revision petition is filed under Article 227 of the Constitution of India by the respondents in O. P. No. 911 of 2004 on the file of the District Judge, khammam, assailing the action of the learned district Judge in entertaining O. P. No. 911 of2004.

(2.) THE background facts of the case leading to filing of this civil revision petition by the respondents in O. P. No. 911 of 2004, in brief, are:- Rev. P. Johnson and Pastor k. Anand Raj are the petitioners and whereas Vanka Amos and 8 others are the respondents in O. P. No. 911 of 2004. They are the members of 'the Good samaritan Evangelical Lutheran Church (GSELC), Bhadrachalam'. It is a society registered under the Societies Registration act, 1860, (Act 21 of 1860) with Registration no. 7/1995, dated 14. 11. 1995. As per Article 8 of the Constitution of the Church, the executive Council shall consists of the president, the Vice-President, the Secretary and nine other members which includes at least two women, two youth under 30 years of age, elected by the convention according to the by-laws of the Church. The term of founder Vice-President, Founder Secretary and Founder Executive Council Members came to be expired by 14. 11. 1999. The term of the Founder President also came to an end on 14. 11. 2002. After expiry of the term of the office of the Founder President, founder Vice-President, Founder Secretary and Founder Executive Council Members, no elections were conducted to fill up the vacancies. But, the respondents 1 to 3 claim to have been elected as President, vice-President and Secretary respectively and respondents 4 to 9 claim to have been elected as Members of the Executive Council in the convention alleged to have been held between 27. 1. 2003 and 31. 1. 2003 at mettugudem Village of Kukknur Mandal, khammam District. According to the petitioners in OP No. 911 of 2004, no such convention was held between 27. 1. 2003 to 31. 1. 2003. Therefore, they invoked the jurisdiction of the District Court, under section 23 of the A. P. Societies Registration act, 2001 and filed the O. P. with a prayer, which reads as hereunder.

(3.) RESPONDENTS in the O. P. filed this civil revision petition under Article 227 of the Constitution of India assailing the action of the District Judge, Khammam in entertaining O. P. No. 911 of 2004.