REV.NIRANJAN EKKA Vs. REV.MARSHA BAGE

JUDGEMENT

(1.) PLAINTIFFS are appellants. Their suit for declaration that the election of the office bearers of KSS (Dendriya Salakhari Sabha) of the Gossener Church in Chotanagpur and Assam (shortly known as "G.E.L. Church") held on 13.1.1977 was unconstitutional. Invalid and of no effect and defendants, who claimed to have been elected therein, had no right to act as its members, and for permanent injunction restraining them from acting as such, was decreed in part holding that plaintiffs have severed all connections with registered GEL Church and they have no connection with this organisation after they created North West GEL Church and for its administration have adopted a new constitution in the year 1978, which has already been implemented. They have, therefore, no right to challenge the elec - tion dated 18.1.1977 and/or any art of the defendants. The suit was maintainable in some extent in respect of interference by the KSS of 1977 in the internal administration of the North West Anchal only, but that relief also cant be granted in the changed cir cumstances in the present case, until the relief is amended suitably.

(2.) TRIAL Court found that the present KSS was valid and election of Pramukh Ad -hyaksha and Up Pramukh Adhyaksha. including the office bearers, after expiry of three years from first election of 1977 was accepted by all Anchals of KSS, except plaintiffs, who claimed to be member of the new Church.

(3.) BY impugned judgment and decree, the appeal was allowed with some modification and cross -objection was dismissed. It was held that election of Pramukh Adhyaksha and Up -Pramukh Adhyaksha and KSS held on 18.1.1977 was constitutional and valid and elected body have got right to represent the GEL Church. It was further held hat plaintiffs had no cause of action for the suit and it was not maintainable at their insurance, in the present form and was also hit by Section 41(J) of the Specific Relief Act.