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Madras High Court

Pastor Ambrose vs Edward Daniel Chandrasekar on 14 November, 2018

Author: M.V.Muralidaran

Bench: M.V.Muralidaran

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                              BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED 14.11.2018

                                                          CORAM

                                    THE HONOURABLE Mr.JUSTICE M.V.MURALIDARAN

                                               CRP(PD)(MD).No.2574 of 2015

                     1. Pastor Ambrose,
                        Secretary,
                        South East India Union of 7th day,
                        Adventists,
                        Having Office at NO.197, GST Road,
                        Vandaloor, Chennai - 8.
                     2. Jeyaraj Thangavelu                                         ... Petitioners
                                                             Vs

                     1. Edward Daniel Chandrasekar
                     2. Pastor.Sam.Sudhakar
                     3. Executive Committee members of
                        the North Tamil Conference of
                        Seventh day Adventists,
                        Represented by its President,
                        Having Office at
                        No.20/2, Williams Road,
                        Thiruchirappalli - 1.
                     4. M.John Louise
                     5. Pastor.K.Chelladurai
                     6. R.John
                        President of Southern Asia Division of S.D.A.
                        Having office at No.2, HCF,
                        Hosur.                                                    ... Respondents


                     PRAYER : This Civil Revision petition has been filed under Section 115 of the
                     Civil Procedure Code, praying to set aside the order passed in C.M.A.No.23 of
                     2014 dated 04.11.2015.




http://www.judis.nic.in
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                                  For Petitioners      : Mr.S.C.Herold Singh
                                  For Respondents      : Mr.S.Vinod Sathya Lazar (for R1)
                                                         Mr.C.Jeganathan for
                                                         M/s.Veera Associates (R2)
                                                         No appearance (for R3 to R6)
                                                         Mr.R.Karunanidhi
                                                         Assistant Election Commissioner

                                                         ORDER

The relief sought for in this Civil Revision petition is to set aside the order passed in C.M.A.No.23 of 2014 dated 04.11.2015.

2. Today, when the matter is taken up for hearing, it is reported by the Assistant Election officer Mr.R.Karunanidhi that as per the direction of this Court, the Hon'ble Dr.Justice.T.Mathivanan (Retired) and himself has conducted the election in a peaceful manner and the same was completed on 16.08.2018. The learned counsel appearing on behalf of the petitioners also agreed elected persons and they took charge of the office.

3. The learned counsel for the second respondent informed this Court that challenging the order of the election conducted on 16.08.2018, third party has filed a Civil suit in O.S.No.988 of 2008 which is pending before the learned District Munsif, Tiruchirapalli. In the said circumstances, both the parties are directed to approach the Civil Court concerned with regard to this matter if they have any grievance.

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4. In addition to that, the Assistant Election Officer has also admitted that they have received the Additional renumeration given by the Church/North Tamil Conference of Seventh day Adventists, Thiruchirappalli. Hence, nothing survives in this Civil Revision petition.

5. Further, this Court is inclined to appreciate the Hon'ble Dr.Justice.T.Mathivanan (Retd.) as well as the Assistant Election officer Mr.R.Karunanidhi for conducting the election in a peaceful manner, which was accepted by both the parties in this Civil Revision petition.

6. In the result, this Civil Revision petition is closed. No costs.

14.11.2018 Index:Yes/No Speaking order/Non speaking order vum http://www.judis.nic.in 4 M.V.MURALIDARAN.J., vum CRP(PD)(MD).No.2574 of 2015 14.11.2018 http://www.judis.nic.in