Madras High Court
India Evangelical Lutheran Church ... vs Mr.Baulsundar on 31 July, 2018
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 31.07.2018 CORAM THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR TR.C.S.No.741 of 2017 and A.No.1695 of 2018 India Evangelical Lutheran Church (IELC) Rep. by its General Treasurer Rev.R.Vijayakumar ... Plaintiff Vs. 1.Mr.Baulsundar 2.R.Bennet Stephenson ... Defendants Prayer: The plaint has been filed under Order VII Rule 1 of C.P.C. a)for declaration declaring that the notification No.2 of 2017 issued by the 2nd defendant dated 06.06.2017 as null and void. b)for a permanent injunction restraining the defendants, their men, agents, servants or anybody else claiming through or under them in any manner from interfering with the smooth functioning of the office of the Indian Evangelical Lutheran Church (IELC). c)for a permanent injunction restraining the 2nd defendant, his men, agents, servants, or any body else claiming through or under him in any manner from conducting the election to India Evangelical Lutheran Church (IELC) to be held on 26.062017 or any other dates as per notification dated 06.06.2017 and for costs. For Plaintiff : Mr.K.S.Arivalagan For Defendants : Mr.V.Govardhanan for 1st defendant's church JUDGMENT
This Court by its order dated 26.07.2018 found that some fraud has been played not only by the parties to the suit in C.S.No.373 of 2017 but also by some of the counsel said to have been appeared for other defendants and the Civil Suit in C.S.No.373 of 2017 was struck off with costs.
2.While passing such an order, this Court also held that for the smooth running of the Church, in view of the serious allegations made against each other and for the interest of the Church and its members, the Retired Judge of this Court is to be appointed as Administrator of the Church to maintain and to conduct elections and the entire administration should be monitored as per Byelaws of Church.
3.Accordingly, this Court appoints the Interim Administrator as follows:
i.that the Honourable Mr.Justice D.Hariparandaman (Retired Judge, High Court, Madras), residing at No.2, First Main Road, Kamaraj Nagar, Thiruvanmiyur, Chennai 600 041, Phone No.044-24416340, be and is hereby appointed as Interim Administrator.
ii.that the Interim Administrator appointed herein shall take charge and administer the India Evangelical Lutheran Church (IELC) till the entire dispute between the parties are resolved and new elections are conducted as per Byelaws of Church.
iii.that the Judge Commissioner appointed herein shall be paid a sum of Rs.1,00,000/- per month (Rupees One Lakh only per month) and the said sum shall be drawn from the funds of the Church.
iv.that the Judge Commissioner shall also entitled for the car allowance on the basis of actually spent by him while discharging his duties as Administrator.
v.that the Interim Administrator appointed herein shall take the assistance of any lawyer of his choice for his administration purposes and for proper conducting of election and shall draw funds towards the expenditure for conducting election.
vi.that the Judge Commissioner appointed herein be and is hereby empowered to hire a personal secretary to assist him in his work and also entitled working space, personal staff and communication facilities and also draw assistance from the existing staff of the Church as he shall deem fit as necessary.
vii.that the existing office bearers shall not take any major decision touching upon the financial matter, payments and other aspects including any decision over immovable properties, appointments, etc., viii.that the existing office bearers and other officials of Church shall co-operate with the Interim Administrator for smooth administration of the Church.
4. While passing this order, the learned counsel appearing for the plaintiff in O.S.No.3261 of 2017 submitted that the plaintiff in O.S.No.3261 of 2017 has already been elected in the election which was held on 26.05.2017 and is continuing as Office bearer and the said election has not been challenged.
5.The learned counsel also submitted that when the Administrator is appointed, their term would be cut short and the normal term as per Byelaws is three (3) years and hence submitted that those elected office bearers shall be allowed to continue to work along with the Administrator and to be monitored by the Administrator.
6.Other side has no objection.
7.In view of the same, any decision touching upon the Church shall be made only with the approval of the Administrator appointed by this Court. All the decisions and the affairs of the Church by the elected office bearers will be taken into consideration only with sanction of the Administrator. His concurrence and decision is final.
8.In view of the same, the Interim Administrator shall administer the Church even though there are elected office bearers who are said to have been elected on 26.05.2017 and the decision of the Administrator in respect to any decision is final. The Interim Administrator shall make endeavour to conduct the election immediately existing office bearers term comes to an end as per Byelaws of the Church.
9.In view of the order passed in O.S.No.3261 of 2017, the order dated 26.07.2018 made in Tr.C.S.No.741 of 2017 is hereby recalled.
10.Registry is directed to send a copy of this order to the Interim Administrator, the Honourable Mr.Justice D.Hariparandaman (Retired Judge, High Court, Madras), residing at No.2, First Main Road, Kamaraj Nagar, Thiruvanmiyur, Chennai 600 041, to enable the Interim Administrator to take charge of the Administration of the Church immediately.
11.Accordingly, the transfer Civil Suit in Tr.C.S.No.741 of 2017 is disposed of. Consequently, connected application is closed.
31.07.2018 kas CC: Registry is directed to send a copy of this order to the Hon'ble Mr.Justice D.Hariparandaman (Retired Judge, High Court, Madras).
N.SATHISH KUMAR, J.
kas TR.C.S.No.741 of 2017 and A.No.1695 of 2018 31.07.2018