Andhra Pradesh High Court - Amravati
Pollampelli Ravi Kumar vs Union Bank Of India E Andhra Bank on 3 April, 2025
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
V
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV
THURSDAY, THE THIRD DAY OF APRIL
TWO THOUSAND AND TWENTY FIVE
PRESENT
HON'BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE
AND
HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT APPEAL No: 1033 of 2023 along with W.A.
Nos.746.1052.1053 & 1163 of 2023
WRIT APPEAL NO: 1033 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order
dated 12/09/2023 in WP No. 10891 of 2021 on the file of the High Court.
Between:
Lazarus Lunjala, S/o. L.Abraham, Aged about 45 years, Occ. Treasure
AELC, R/o. Guntur, Andhra Pradesh.
...Appellant
AND
1. The Andhra Evangelical Luthern Church (AELC), Guntur Represented
by Its Secretary, Chinnam Kishore Babu, SA David Aged about 61
years, R/o 426 Kodiparru, Bhattiprolu, Guntur522256.
2. Moses Arnold Kollabathula, S/o Surya Rao, Aged about 51 years, Occ;
Treasurer AELC Guntur R/o 27459/2 Christian Ashram Guntur 522004
3. The State of Andhra Pradesh, Represented by its Principal Secretary
Home Department, A P Secretariat, Velagapudi, Amaravati.
4. The Superintendent of Police, Urban Guntur District.
5. The Deputy Superintendent of Police, West Guntur Town, Guntur
District.
6. The Station House Officer, Arundalpet, P S Guntur Town.
7. The Andhra Evangelical Lutheran Church AELC, Guntur Represented
by Its President Moderator Bishop Most Rt Rev Dr Elia Ch S/o
Ch.Vandanam, O/o Post Box No 205 AELC Head Office Becker
Compound, Brodipet Main Road, Guntur 522004
...Respondents
(Impleaded as per Order dated 02/08/2022 m
i I.A.No.1 of 2022.)
lA NOi1OF2023
Petition under Section 151
CPC praying that in the circumstances
stated in the affidavit filed i
in support of the petition, the High Court may be
pleased to suspend the Order dated 12'^ September 2023 in Writ Petition
No.10891 of 2021.
Counsel for the Appellant: SRI M R K CHAKRAVARTHY
Counsel for the Respondents: MOHAN REDDY
SENIOR COUNSEL FOR SRI VIVEK CHANDRA SEKHAR.S
Counsel for the Respondents: ADDITIONAL ADVOCATE GENERAL
WRIT APPEAL NO: 746 OF 909'^
Wri, Appeal under Clause 15 o, the Letters Paten, preferred against the order
Be^tween; ' ^0.7592 of 2023 on the file of the High Court.
1. Andhra Evangilical Luthem Church,
Rep. by Moderator Bishop/ President
Dr. K.F. Paradesi Babu, S/o. Surya Rao,
Aged 62 years, Becker Compound, Brodiepet, Guntur.
2. Executive Council of AEEC,
Rep. by its Chairman Dr. K.F.Paradesi Babu,
S/o. S/o. Surya Rao,
Aged 62 years, Becker Compound, Brodiepet, Guntur.
3. K.Moses Arnold, S/o. Surya Rao,
Age 52 Years, Treasurer, AELC,
Becker Compound, Brodiepet, Guntur.
4. Andhra Christian College of Law,
Rep. by its Correspondent Sri G.Elisha,
S/o. Raja Rao, Aged 62 years, Guntur - 522 001.
5. M.Alexander, S/o. Nageswarar ao.
Aged 50 years, Qcc: Bursar,
A.O. College of Law, Guntur - 522 001.
6, G.Elisha, S/o. Raja Rap,
Correspondent, AC College of Law
Guntur - 522 001.
. Appellants/Petitioners.
And
^ • The Chief General Manager,
Canara Bank, 2"'^ Main, Sampige Road,
Malleswaram, Bengalur - 560 003.
3
2. The Regional Manager, Canara Bank, ::
JKC College Road, Opp; 5'*^ Line of Vija^/apuri Colony
Guntur- 522 007.
3. The Branch Manager, Canara Bank,
A.C. College Branch, Guntur - 522 001.
4. Dr. A. Guravaiah, S/o. A.Kotaiah,
Aged 52 years. Principal (under Suspension),
A.(3. College of Law, Guntur,
R/o. Block No.2, Flat No.403, Sai Villa Apartments,
Mallikarjunapet 5/3, Guntur.
5. Kakolla Kirit Kumar, S/o. K.Prakasham,
Aged about 52 years, Christian,
Qcc: Con-espondent of A.C. College of Law and
AELC Project Director, O/o. A.C. College of Law
Beside Government Hospital, Guntur - 522 001.
6. Korivi Prem Kumar, S/o. Koteswara Rao,
Aged about 25 years, Christian,
Occ: Bursar of A.C. College of Law, O/o. A.C. College of Law,
Beside Government Hospital, Guntur - 522 001.
7. The Andhra Evangelical Lutheran Church,
Rep. by its President/Moderator Bishop,
Rev. Dr.G.Sam Sampath Kumar, S/o: Punishotham,
Aged about 52 years, Christian, Occ: AELC President,
O/o. AELC Residential Bungalow, AELC Office Compound,
Brodipet, Giintur - 522 002. .. .Respondents/Respondents.,
8. Dr. K.Moses, S/o. Surya Prakash,
Aged 57 years, In-charge Principal,
A.C. College of Law, Guntur. ... .Respondent/Writ Petitioner
4
9. Registrar of societies, Andhra Pradesh.
10. District Registrar (Assurances), Guntur, Guntur District, A.P.
(Respondents No. 9 and 10 impleaded as per Court Order dated
09.08.2023.)
lA NO: 2 OF 2023
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased may be pleased to direct the Respondents 1 to 3 to allow the
Petitioners/Appellants who are authorized specimen signatories to operate
the bank accounts maintained by the A.C. College or Law in (1) Current A/c.
No.32793070000122 General Fee Account (2) Current A/c.
No.32793070000137
Special Fee Account (3) Current A/c.
No.32793070000103
- Principal Fee Account (4) Current A/c.
No.32793070000141
- Scholarship Account and (5) Saving Current A/c.
No.32792000044408 - Chief Superintendent Account, pending disposal of
the Writ Appeal.
lA NO: 3 OF 2023
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to permit the petitioner to bring on record documents annexed to
this Application as additional documents in the above Writ Appeal No. 746
of 2023.
Counsel for the Appellant: SRI K RAGHU VEER
Counsel for the Respondents: ADDL. ADVOCATE GENERAL
Counsel for the Respondents: SRI HANUMANTHA RAO BACHINA
WRIT APPEAL NO: 1052 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order
dated. 12.09.2023 in W.P. No's. 10887 of 2021 on the file of the High Court
BETWEEN:-
1.
The Andhra Evangelical Lutheran Church,
Rep. by its President / Moderator Bishop, '
Rev. Dr. G. Sam Sampath Kumar, S/o Purushotham.
Aged about 52 years, Cliristian, Occ: AELC President,
O/o AELC Residential Bungalow, AELC Office Compound
Br-odipet, Guntur - 522 002.
2.
M Mary Grace W/o Late. Raj Kishore
Aged about 60 years; Christian, Occ; AELC Secretary,
O/o D. No; 19-15-24, Dr. Ambedkar College Campus,
Bose Road, Tenali, Now at Guntur.
Appellants / Respondent No. 15 & 16.
AND
1.
Most. Rev. Dr. K. Fredrick Parades! Babu
S/o K Suiya Rao, Aged about 61 years,
Occ: Moderator Bishop Andhra Evangelical Lutheran Church,
Becker Compound, Brodipet, Guntur 522 002.
2.
Rev Kanapala Vijaya Prasanna Kumar
1 S/0 George, Aged about 56 years Occ VicePresident,
R/o Andhra Evangelical Lutheran Church, Becker Compound
Brodipet, Guntur 522 002.
3.
Andhra Evangelical Lutheran Church,
Rep by its Moderator Bishop/President,
Most Rev Dr K Fredrick Paradesi Babu, X
O/o Becker Compound, Brodipet, Guntur 522 002.
.... Respondents / Writ Petitioners
4.
The state of Andhra Pradesh,
Rep by principal secretary home department,
Secretariat Buildings, Velagapudi, Amaravati,
Guntur District.
5. The Director General of Police,
State of Andhra Pradesh, AP Police Station Head Quarters, }
Mangalagiri, Guntur District.
6. The Superintendent of Police,
Guntur, Guntur District.
7. The Deputy Superintendent of Police
Guntur West, Guntur District.
8. The Circle Inspector of Police,
Arundalpet Police Station, Guntur.
9. L. Lazarus Abraham, S/o Not known.
Aged about 45 years,
R/o St Johns Lutheran Church,
Gadag Road, Hubli - 580 020
10. The Andhra Evangelical Lutheran Church, AELC, Guntur,
Rep by its President Moderator Bishop Most. Rt. Rev. Dr. Elia Ch,
S/o Vandanam, O/o Post Box No 205 AELC, Head office Becker
Compound Brodipet, Main Road, Guntur - 522 004
11. Rev. Vemula Babu Saivomiatna Rao, S/o Luka
Aged about 60 years, Pastor,
O/o Ithanagar Church, Tenali, Guntur District, A.P.
12. Rev. Devarapalli Premchand S/o Koteswara Rao,
Aged about 57 years. Pastor,
O/o Kopalli Church, Tenali Mandalam, Guntur District, A.P.
13. Rev. K. Ratna John Kennedy, S/o Surya Prakashrao,
Aged about 56 years. Pastor,
R/o Nagulapalem, Varagani,
Pedanandipadu Mandal, Guntur District, A.P.
14. Rev. Tekkam Ananda Rao S/o T Elisha,
Aged about 52 years. Pastor,
O/o St Peters East Parish, Bavajipet,
Ramanagar, Vijayawada, NTR District, A.P.
$
^ ■
15. Rev. Jangam Jay a Vardhan Rao, S/o Benjiman,
Aged about 38 years, Pastor,
C/o K Jaya Prakash Rtd Military
Door No. 23/17/14, Chinaravuri Thota,
Lutheran Church Road, Tenali, Guntur District, A.P.
16. Rev. Telckam Santha Rao, S/o Joshua,
Aged about 46 years. Pastor,
R/o Plot No. 405, Abhinandan Towers, IP D Colony Road,
Guntur, Guntur District, A.P.
17. Rev. P. Vijaya Raj Kumar, S/o Yakodu,
Aged about 40 years, Lutheran Pastor,
Narasayapalem Baptla district and mandal, A.P.
18. P. Sudarshan Rao, Vice-President AELC,
S/o Gaberial, Aged about 56 years, Christian
O/o Parish Pastor, Trinity Lutheran Church,
Suryabag, Vishakapatnam - 500 020.
19. G Robert Sunil, S/o G Suvarna Raju,
Age about 48 years, Christian,
Occ: AELC Advisory cum AELC Council Member,
R/o Campus of AL College of Education, Bordipet,
Guntur - 522 002
20. Rev. G. Rajesh Kumar, S/o Paul Gudapati,
Aged about 40 years, Christian, Occ: Pastor,
O/o Chirst Lutheran Church, Sambhunipeta,
Palakol, West Godavari.
21. Rt. Rev. B. Anand Kumar, S/o Prasad Rao,
Aged about 50 years, Christian, Occ: Synod Bishop,
West Godavari Synod and Parish Pastor,
O/o Krupadhara Lutheran Church, Rayapeta,
Nidadavole, West Godavari.
22. Mr. Bolleddu Mathews, S/o B. Ratnam,
Christian, Occ: AELC Executive Council member & AELC
Delegate,
O/o Wolf Hall Compound, Opp: RJD Office,
Nagarampaleni, Guntur 522 004.
23. Rev. K. Madan Kumar, S/o Venkata Ratnam,
Aged about 56 years, Christian, Occ: Parish Pastor,
O/o Lutheran Church, Bobbarlanka,
Repalle Mandal, Bapatla District.
Respondents / Respondents
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to particularly stay of directions no. 1 to 3 and 5 in the order of WP
No. 1G887 of 2021, dated. 12.09.2023.
lA NO: 2 OF 2023
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to restore possession to the appellants as on 29.03.2022.
»A NO: 1 OF 2025
Petition under Section 151 CPC praying that in the circumstances
stated m the affidavit filed in support of the petition, the High Court may be
pleased to permit and appoint an independent person preferably a retired
Hon'ble district Judge as a chief election officer and appoint 6 advocate
commissioners to conduct the elections to the Six Synods and to appoint
any knowing the election process, bylaws and Constitutions of two persons
from the AELC to assist the chief election officer without interference of the
present interim management failing which the Petitioner will suffer seriously
which cannot be compensated by any other means.
lA NO: 2 OF 2n9Pi
Petition under Section 151 CPC praying that in the circumstances
Stated in the affidavit filed in support of the petition, the High Court may he
pleased to direct the respondents not to conduct the 6 synod elections and
also AELC until the disposal of this I.A.
lA NO: 3 OF
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed i
in support of the petition, the High Court may be
pleased to suspend the interim management of the society until the synod
elections as well
as the AELC elections otherwise the Respondents
manipulated, influenced to the voters and nof to possible to conduct ii n a
peaceful manner.
Counsel for the Appellants: Mr. Y.V. RAVI PRASAD COUNSEL FOR
SRI ARJAMPUDI RAMA KOTESWARA RAO
Counsel for the Respondents: ADDITIONAL ADVOCATE GENERAL
Counsel for the Respondents: Mr. K. G. KRISHNA MURTHY
SENIOR COUNSEL FOR SRI K.RAMAMOHAN
WRIT APPEAL NO: 1053 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order
dated- 12.09.2023 in W.P. No's- 10887 and 10891 of 2021 on the file of the
High Court.
Between:
1. The Andhra Evangelical Lutheran Church, Rep. by its President /
Moderator Bishop, Rev. Dr. G. Sam Sampath Kumar, S/o Purushotham,
Aged about 52 years, Christian, Occ- AELC President, O/o AELC
Residential Bungalow, AELC Office Compound Brodipet, Guntur - 522
2. M Mary Grace, W/o Late. Raj Kishore Aged about 60 years, Christian
Occ- AELC Secretary, O/o. D. No- 19-15-24, Dr. Ambedkar College
Campus, Bose Road, Tenali, Now at Guntur.
...Appellants
AND
1. Andhra Evangelical Lutheran Church, Guntur, Rep by its Secretary,
Chinnam Kishore Babu, S/o David, Aged about 61 years, Christian, R/o
4-26, Kodiparru, Bhattiproiu, Guntur - 522 256.
2. Moses Arnold Kollabathula, S/o Surya Rao, Aged about 51 years, Occ-
Treasurer, AELC, Guntur, R/o 27-4-59/2, Christian Ashram, Guntur 522
004.
\o
3.
The State of Andhra Pradesh, Rep by Principal Secretary, Home
Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur
District.
4. The Superintendent of Police, Guntur, Guntur District.
5.
The Deputy Superintendent of Police, Guntur West, Guntur District.
6.
The Station house officer, Arundalpet Police Station, Guntur town.
7.
L. Lazarus Abraham, S/o Not known. Aged about 45 years, R/o St
Johns Lutheran Church, Gadag Road, Hubli - 580 020.
8.
The Andhra Evangelical Lutheran Church, AELC, Guntur, Rep by its
President Moderator Bishop Most. Rt. Rev. Dr. Elia Ch, S/o Vandanam
O/o Post Box No 205 AELC, Head office Becker Compound Brodipet
Main Road, Guntur - 522 004.
...Respondents
lA NO: 3 OF 2023
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to particularly stay of directions no. 1 to 3 and 5 in the order of WP
No. 10891 of 2021, dated- 12.09.2023.
lA NO: 4 OF 2023
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to restore possession to the appellants as on 29.03.2022.
Counsel for the Appellants: Mr. Y.V. RAVI PRASAD COUNSEL FOR
SRI ARJAMPUDI RAMA KOTESWARA RAO
Counsel for the Respondents: ADDITIONAL ADVOCATE GENERAL
Counsel for the Respondents: Mr. K. G. KRISHNA MURTHY
SENIOR COUNSEL FOR SRI K.RAMAMOHAN
Counsel for the Respondents: SR! Q.TU.HIN .KUMAR
WRIT APPEAL NO: 1163 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order
dated 12.09.2023 passed in WP.No.10887 of 2021 and to pass on the file of
the High Court.
Between:
Lazarus Lunjala, S/o L. Abrahgim,
Aged about 45 years, Occ: Treasure AELC,
R/o Guntur, Andhra Pradesh.
...Appellant/Respondent No.6
And
1. Most Rev. Dr. K. Fredrick Paradesi Babu, S/o K Surya Rao,
aged about 61 years, Occ; Moderator Bishop,
Andhra Evangelical Lutheran Church, _
Becker Compound, Brodipet, Guntur-522002.
2. Rev. Kanapala Vijaya Prasanna Kumar, S/o George,
aged about 56 years, OcC; Vice-President,
R/o Andhra Evangelical Lutheran Church,
Becker Compound, Brodipet, Guntur-522002.
3. Andhra Evangehcal Lutheran Church,
Rep. by its Moderator Bishop/President,
Most Rev. Dr. K. Fredrick Paradesi Babu,
Becker Compound, Brodipet, Guntur-522002.
...Respondents/Writ Petitioners
4. The State of Andhra Pradesh,
Rep. by its Principal Secretary/ Home Department,
A P Secretariat, Velagapudi, Amaravati.
o. The Director General of Police
State of Andhra Pradesh, A.P. Police Head
Quarters, Mangalagiri, Guntur District.
6. The Superintendent of Police Urban
Guntur District.
7. The Deputy Superintendent of PoUce,
West Guntur Town, Guntur District.
8.
The Circle Inspector of Police,
Anandalpet, P S Guntur Town.
9.
The Andhra Evangelical Lutheran Church AELC,
Guntur, Rep. by its President Moderator-Bishop I
Most Rt. Rev. Dr. Elia Ch, S/o Ch. Vandanam,
O/o Post Box No.2d5, AELC Head Office,
Becker Compound, Brodipet Main Road, Guntur-522004.
10.
Rev. Vemula Babu Sarvonnatna Rao S/o Luka
aged about 60 years. Pastor Ithanagar Church,
Tenali, Guntur District, A P.
11.
Rev. Devarapalli Premchand S/o Koteswara Rao
aged about 57 years Pastor Kopalli Church,
Tenali Mandalam, Guntur District. A P.
12.
Rev. K Ratna John Kennedy S/o Surya Prakashrao
aged about 56 years Pastor Nagulapalem Varagani.
Pedanandipadu Mandal, Guntur District, A. P.
13.
Rev. Tekkam Ananda Rao S/o T Elisha
aged abot 52 years St Peters East Parish Pastor,
Bavajipet, Ramanagar, Vijayawada, NTR District, A. P.
14.
Rev. Jangam Jaya Vardhan Rao S/o Benjiman
aged about 38 years Pastor
C/o K Jaya Prakash Rtd Militaiy,
Dqor No.23/17/ 14,:Chinaravuri Thota,
Lutheran Church Road, Tenali, Guntur District, A. P.
15.
Rev. Tekkam Santha Rao S/o Joshua
aged about 46 years Pastor, Plot No.405,
Abhinandan.Towers, I. P. D. Colony Road,
Guntur, Guntur District, A.P.
16.
Rev. P Vijaya Raj Kumar S/o Yakobu
aged about 40 years, Lutheran Pastor,
Narasayapalem. Bapatla Mandal ■&, District, A P.
.. .Respondents/Respondents
\3
lA NO: 2 OF 2023
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to suspend the impugned Judgment of the Learned Single Judge
dated 12.09.2023 passed in WP.No.10887 of 2021 pending disposal of the
Writ Appeal.
Counsel for the Appellant: SRI J SUDHEER
Counsel for the Respondents: ADDITIONAL ADVOCATE GENERAL
Counsel for the Respondents: Mr. K. G. KRISHNA MURTHY
SENIOR COUNSEL FOR SRI K.RAMAMOHAN
The Court made the following common order:
' c
APHC010474542023 IN THE HIGH COURT OF ANDHRA PRADESH [3443]
AT AMARAVATI
WRIT APPEAL No: 1033 of 2023 along with W.A.
Nos.746, 1052, 1053 & 1163 of 2023
Writ Appeal No: 1033 of 2023
Lazarus Lunjala ...Appellant
Vs.
The Andhra Evangelical Lutheran Church (AELC) and Others ...Respondent(s)
Advocate for Appellant: Mr. M. R. K. Chakravarthy
Advocate(s) for Respondent(s); Mr. K. G. Krishna Murthy, Senior
Counsel, Mr. C. V. Mohan Reddy,
Senior Counsel, a/w Mr. Vivek
Chandra Sekhar S, Mr.G. Tuhin Kumar
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR
SRI JUSTICE NINALA JAYASURYA
DATE : 03.04.2025
per DHIRAJ SINGH THAKUR. CJ :
The controversy in the present writ appeals pertains to the elections and
management of the Andhra Evangelical Lutheran Church (AELC), which is a
society earlier registered under the Societies Registration Act, 1860, and is
now governed by the Andhra Pradesh Societies Registration Act, 2001.
2. The AELC Society is stated to consist of approximately 1200
churches and 300 congregations spread over various districts in the State of
Andhra Pradesh. All the churches and congregations are organized into six
2
HCJ a NJS, J
W.A. No.1033 of 2023 a Batch
synods, namely Central Guntur Synod, East Guntur Synod, West Guntur
Synod, East Godavari Synod, West Godavari Synod, and Visakha Synod. The
synods are further divided into several parishes which are further classified as
A, B and C according to their strength and financial capacity.
3. The affairs of the society are managed by a central body comprising
the President, Vice President, General Secretary and other members, in all
numbering 12. For electing the members in the central body, elections are first
held at the Synod level. The elected representatives from the Synod level then
participate to elect the central body.
4. Three groups have emerged with conflicting claims, each of which
claims that they were rightfully elected office bearers of the central body. One
group is represented by Dr. K.F. Paradesi Babu, the other by Dr. C.H. Elia and
the third by Dr. G. Sam Sampath Kumar.
5. It is in the aforementioned backdrop that we deem it necessary to
briefly state and trace the contentions raised in the writ petitions filed before
the learned single judge.
6. In Writ Petition No. 10887 of 2021 filed by Dr. K.F. Paradesi Babu,
the case set up by Dr. K.F. Paradesi Babu was that he had earlier been
elected as the President/Moderator Bishop for two terms, which election was
not challenged by anybody. It was stated that his term was to end on
31.05.2021, when based upon the representation dated 21.05.2021, the
District Collector of Krishna district, in proceedings, dated 21.05.2021, granted
3
HCJ a NJS, J
W.A. No.1033 of2023 aBatch
permission for conduct of the 50th biennial convention and election for the
post of President/Moderator Bishop and other office bearers, as per the
constitution of the society, which election was to be held on 27.05.2021.
7. In the election so held, on the date fixed. Dr. K.F. Paradesi Babu
claimed that he had been declared elected as the President/Moder ator Bishop
for a term of four years commencing from 01.06.2021 till 30.05.2025.
Likewise, it was stated that the second petitioner, namely Karnapala Vijaya
Prasanna Kumar was declared elected as Vice President of the society for a
term of two years from 2021 to 2023.
8. The petitioners claimed that having been so elected as President and
Vice President of the Central Body, when they went with other office bearers
to the AELC office on 01.06.2021, respondents 4 and 5, i.e., the Deputy
Superintendent of Police, Guntur, and the Circle Inspector of Police,
Arundalpet, did not allow them to enter the premises without any rhyme or
reason.
9. The stand of the petitioner Dr. K.F. Paradesi Babu further was that he
was eligible to contest for the post of President inasmuch as the upper age
limit to contest for the post of President had been enhanced from 61 to 63
years as per the General Body Resolution, dated 28.05.2019, whereby Article
7(2)(a) of the Constitution of AELC had been amended providing for
enhancement of the age from 61 to 63 years.
4
C HCJ a NJS, J
W.A. No. 1033 of 2023 a Batch
10. In that backdrop, the petitioner Dr. K.F. Paradesi Babu, claiming to
be the duly elected President of the society, claimed that respondent No.6 in
W.P No.10887 of 2021, namely Shri Lazarus Abraham, who the petitioner
alleged was a person against whom as many as 31 criminal cases had been
registered within the jurisdiction of Hubli and Dharwad districts against whom
a rowdy sheet had been opened by the Hubli and Dharwad police authorities
and against whom there was an externment proceeding issued by the police
commissioner of Dharwad, had somehow managed the police authorities to
prevent the petitioner from entering the AELC office by deploying police force
in front of the residence of the petitioner and thus preventing the petitioner
from performing the day to day affairs of the AELC. It was in those
circumstances that the petitioner Dr. K.F. Paradesi Babu prayed for a writ of
mandamus directing the official respondents, i.e., the police authorities, not to
interfere with the day to day affairs of the AELC.
11. it appears from the record that the petitioner Dr. K.F. Paradesi Babu
had also filed writ petition No.4781 of 2021 in which the petitioner had
questioned the action of locking of the office of the AELC by the police
authorities.
12. In writ petition No.4781 of 2021, Dr. Elia came to be impleaded as a
party respondent. The stand of Dr. Elia in the said petition was that in a
meeting of the AELC council and delegates conducted on 31.08.2020 calling
for a special convention for expelling Dr. K.F. Paradesi Babu as the Moderator
5
HCJ a NJS, J
W.A. No.1033 of 2023 a Batch
Bishop, the matter, it is stated, was taken up by the adjudication committee,
which finally ordered the removal of Dr. K.F. Parades! Babu as the
President/Moderator Bishop as he had failed to offer any explanation or
appear before the said adjudication committee. The stand of Dr. Elia was that
a special convention was conducted on 20/21.11.2020 in the Christu Lutheran
Church at Venkatayapalem, Thulluru in Guntur district in which Dr. Elia came
to be elected as Moderator Bishop of AELC.
13. The stand of Dr. Elia in the petition further was that even after
having been removed as the President and even when Dr. Elia was elected as
the new President, Dr. K.F. Parades! Babu continued to interfere with the
affairs of AELC. The stand of Dr. Elia was that having been elected as the
President/Moderator Bishop of AELC, he had taken charge of the main
building of AELC and had been looking after its affairs.
14. While the matter stood thus, it appears that Dr. Elia approached the
Court of Principal Senior Civil Judge at Eluru through O.S. No. 55 of 2020 for
permanent injunction in which an interim injunction was granted. It appears
that by virtue of the order passed in I.A. No. 1 of 2021 in C.R.P. No. 35 of
2021, the order passed by the trial Court was suspended. Further, in I.A. No. 3
of 2021 in C.R.P. No. 35 of 2021, the High Court passed the following order:
"In view of the suspension order passed by this court in I.A.
No.02 of 2021, the Superintendent of Police, Guntur Urban,
DSP West and Station House Officer, Arundalpet Police
Station Guntur are directed not to allow the respondent to
enter into the AELC office, Becker compound, large center,
Brodipet, Guntur, pending disposal of the CRP."
6
HCJ a NJS, J
W.A. No.1033of 2023 a Batch
15. In the backdrop of the aforementioned facts a single Judge of this
Court while disposing of writ petition No. 4781 of 2021 held that the issue
whether Dr. K.F. Paradesi Babu continued as a Moderator Bishop or not and
whether Dr. Elia was the Moderator Bishop of the society was a dispute which
could not be resolved in writ proceedings. The writ petition was accordingly
disposed of leaving the parties to avail the remedies in accordance with law.
However, the Interim directions issued in I.A. No. 3 of 2021 in C.R.P. No. 35 of
2021 were directed to remain in operation. The Court directed that Dr. Elia be
not permitted to enter the office of the society till such time as the orders in
I.A. No. 3 of 2021 in C.R.P. No. 35 of 2021, dated 15.01.2021, were in
subsistence.
1€. Subsequently, however, C.R.P. No. 35 of 2021 was dismissed as
having been rendered infructuous on account of the fact that the suit filed by
Dr. Elia had been withdrawn in the lower Court.
17. Another writ petition No.10891 of 2021 came to be filed by the
Andhra Evangelical Lutheran Church represented by its Secretary Chinnam
Kishore Babu and Moses Arnold Kollabathula, who claimed to be the
Treasurer of AELC. In W.P. No. 10891 of 2021, the reliefs sought were similar
in nature as were prayed for by Dr. K.F. Paradesi Babu in writ petition No.
10887 of 2021.
7
HCJ aNJS, J'
W.A. No.1033 of2023 aBatch
18. By virtue of interim orders, dated 03.06.2021, passed in W.P. Nos.
10887 and 10891 of 2021, filed by Dr. K.F. Paradesi Babu and Chinnam
Kishore, directions were issued to the police authorities not to interfere with
the conduct of day-to-day administration of the petitioner Society from its
premises by the new managing committee under the guise of maintaining law
and order.
19. It is pertinent to note that no specific direction was issued against
Shri Lazarus Abraham, who figured as respondent No.5 in W.P. No. 10891 of
2021 and as respondent no.6 in W.P. No. 10887 of 2021.
20. Writ appeals were preferred against the said order by Shri Lazarus
Abraham being W.A Nos. 341 and 355 of 2021. However, the division Bench
by its order, dated 17.09.2021, declined to entertain the challenge but left it
open to the appellant to move the single Judge for vacation of the interim
orders.
21. A contempt case bearing No. 1012 of 2021 came to be filed alleging
breach of the order, dated 03.06.2021 in which the High Court, on
17.02.2022, issued Form-1 notice. The said proceedings were challenged
before the Supreme Court. The Supreme Court ordered that the contempt
proceedings be deferred by the learned single Judge till such time as orders
were passed in the application filed for vacation of the interim order.
22. While the Supreme Court had ordered the learned single Judge to
defer the contempt proceedings by virtue of its order passed on 29.03.2022,
8
HCJ a NJS, J
W.A. No. 1033 of 2023 a Batch
the learned single Judge had already passed yet another order in C.C.
No. 1012 of 2021, on 28.03.2022, directing the police authorities to provide
police aid to the petitioners with a view to enable them to function from the
church premises and to carry out day to day administration of the society from
the church premises.
23. The police authorities were also given liberty to take appropriate
action against the fourth respondent in the said contempt petition, i.e., Shri
Lazarus Abraham, in case he created any 'law and order' problem in the
church premises. In addition to this, an Advocate was also appointed as a
Commissioner to oversee the day-to-day administrative activities of the
society in the church premises, who is required to submit a report to the Court
on a day-to-day basis.
24. LPA(SR) No. 12628 of 2022 is stated to have been filed against the
said order, dated 28.03.2022, which was subsequently closed vide order,
dated 13.12.2024.
25. Pursuant to the orders passed by the learned single Judge
exercising contempt jurisdiction, it appears that the Advocate Commissioner
visited the church premises, but on meeting with stiff resistance from the
occupants thereof, finally made it into the church premises with the help of
police force. Upon the premises being searched, the police are stated to have
recovered certain arms and weapons, Vt/hich according to the police personnel
were stated to have been kept by Shri Lazarus Abraham.
9
HCJ a NJS, J
W.A. No.1033 of2023 aBatch
26. The Advocate Commissioner also found that the Bishop's bungalow
which was a part and parcel of the AELC, was occupied by Dr. G. Sam
Sampath Kumar, the appellant in W.A. Nos. 1052 and 1053 of 2023, who was
asked to vacate the bungalow by the Advocate Commissioner. Finally,
according to the report submitted by the Advocate Commissioner, possession
of the church as also the Bishop's bungalow was taken over.
27. The stand of Shri Lazarus Abraham before the learned single Judge
was that he was elected as the Treasurer of AELC in the elections conducted
on 23.11.2020, and that he was the competent authority to handle the
financial affairs of the AELC in accordance with the Constitution and Bylaws of
the AELC.
28. The contention of Shri Lazarus Abraham further was that the
elections allegedly conducted on 27.05.2021, wherein Dr. K.F. Paradesi Babu
claims to have been elected as President and Rev. Kanapala Vijaya Prasanna
Kumar claims to have been elected as Vice President, were non-est in the
eyes of law.
29. Shri Lazarus Abraham had also refuted the allegations made
against him in the writ petitions that he along with his henchmen, had
obstructed the petitioners from accessing the Church. He claimed that those
allegations were devoid of truth and had been made to settle personal scores.
30. The stand of Dr. G. Sam Sampath Kumar was that Dr. K.F.
Paradesi Babu was ineligible to contest due to violating a prior injunction order
10
c HCJ a NJS, J
W.A. No.1033 of Z023 a Batch
passed in I.A. 167/2020 in O.S. No.4/2020 in Senior Civil Judge's Court,
Mangalgiri, as also due to the fact that he did not any longer fulfill the age
criteria. Dr. G. Sam Sampath Kumar further claimed that the District Registrar
cum Registrar of Societies had filed an affidavit in W.A. Nos. 341 and 355 of
2021 stating that the request received from Dr. K.F. Paradesi Babu for the
registration of the society was rejected and that the request was not compliant
with the proforma stipulated in Section 9 of the Andhra Pradesh Societies
Registration Act, 2001.
The stand of Dr. G. Sam Sampath Kumar further was that Dr. C.H. Elia
was 69 years old and therefore ineligible for the post of President/Moderator
Bishop, and that Dr. Elia had submitted his resignation on 05.01.2022, which
was accepted by the council on 06.01.2022 in its resolution, which resolution
is stated to have been submitted to the District Registrar, Guntur.
31. In the backdrop of the aforementioned alleged ineligibilitie s and
resignation, the stand of Dr. G. Sam Sampath Kumar was that a subsequent
election was conducted on 07.03.2022, following police aid sought via W.P.
■i ■
No. 5835 of 2022 filed by his Secretary, M. Mary Grace and further that he
received the highest votes and was declared Moderator Bishop in the election
held in March 2022 and that his elected body was running the society's
activities smoothly.
32. Regarding the events detailed in preceding paragraphs involving the
. Advocate Commissioner, the stand of Dr. G. Sam Sampath Kumar was that
11
HCJ a NJS, J
W.A. No.1033 of2023 aBatch
he was the Moderator Bishop residing in the Bishop's bungalow and
discharging his duties at the time and that the Advocate Commissioner, along
with police officials and the writ petitioners (Dr, K.F. Paradesi Babu's group),
forcibly vacated the premises, broke open the AELC Main Office lock, keys to
which were allegedly with his members, and illegally handed over possession
to Dr. K.F. Paradesi Babu's group. The stand of Dr. G. Sam Sampath Kumar
further was that his group had filed W.P. 30325 of 2022 seeking permission to
discharge their duties from the AELC office, asserting that Dr. K.F. Paradesi
Babu was occupying the premises as a "trespasser" based on court orders
obtained without impleading the necessary parties.
33. Writ petitions Nos.10887 and 10891 of 2021 finally came up for
consideration before a single Bench of this Court.
34. The Court declined to go into the question as to who was lawfully
elected to the offices of the society and left the issue to be resolved in the
original petitions which were pending before the district Courts at Guntur.
However, considering the fact that the society was nothing but a body
which was managing religious institutions, while exercising its parens patriae
jurisdiction, the learned single Judge, did not proceed to dismiss the writ
petition and instead chose to issue directions inter alia, permitting the society
to be managed by the group represented by Dr. K.F. Paradesi Babu, along
with the Advocate Commissioner, appointed to oversee the functioning and
the affairs of the society.
12
c HCJ a NJS, J
W.A. No. 1033 of 2023 a Batch
The said management, however, was prohibited from taking any policy
decisions in relation to the affairs of the society or the colleges run by it. The
district Courts at Guntur were also directed to consider and dispose of the
original petitions and interim applications which were pending before it. It was
also ordered that if the civil suits were not disposed of before the expiry of the
term claimed by Dr. K.F. Paradesi Babu, it would be open to any of the parties
to those petitions to move the Court for making alternate arrangements
regarding the management of the society, till the disposal of the petitions.
35. Be that as it may, the options open to the learned single Judge while
deciding writ petition Nos. 10887 and 10891 of 2021 were firstly to simply
dismiss the petitions with liberty to the parties to approach the appropriate
forum, secondly to determine as to who were the duly elected representatives
of the society, or thirdly to put that group again in charge of the management
of the society who were running the affairs of the society before the passing of
the order, dated 28.06.2022, in C.C. No.1012 of 2021.
36. The learned single Judge, however, chose to relegate the parties to
work out the remedies, and pending such a resolution, ordered continuance of
the committee as was already in place. This was done keeping in view the fact
that during the course of the management of the existing committee, there
were not too many incidents of violence or disruption in the affairs of the
society. And further that, in case a new team was installed to run the affairs of
the society, it might lead to disruption of the working of the society.
13
HCJ a NJS, J
W.A. No.1033 of 2023 a Batch
37. The present set of appeals have been filed questioning the common
judgment and order passed in the aforementioned two writ petitions. It is not
disputed that the Original Petitions filed before the District Court have not
been decided finally, as per the directions that had been issued by the learned
single Judge. In the meantime, the tenure of the office bearers is also stated
to be coming to an end in the month of April/May, whereafter, the elections are
to be held for electing a new body.
38. It is reported that each of the groups before this Court are either
planning or have already initiated measures to conduct the elections, which in
our opinion, will lead to more confusion and chaos, and shall also lead to
litigation, which will have a cascading effect. Ultimately, the fight that may
ensue, will affect the educational, spiritual and religious interest of lakhs of
followers, whose interest the society is otherwise entrusted to protect.
39. While one could have questioned the legality of the orders passed
by the learned single Judge in the earlier round of litigation in issuing orders
while exercising contempt jurisdiction, yet, the fact remains that the said
orders continued to remain in force, based upon which the group headed by
Dr. K.F. Paradesi Babu, with the help of police force, entered the office
premises of the AELC, even when certain factual situations remained
unexplained.
40. It remained unexplained as to how Dr. G. Sam Sampath Kumar was
found to be in possession of the bungalow of the Moderator Bishop, v/hen
14
HCJ a NJS, J
r W.A. No. 1033 of 2023 a Batch
there appeared to be no averment made in the petition filed by Dr. K.F.
Paradesi Babu, or anybody belonging to his group, that they had been evicted
from the residential premises in question, more so, when Dr. K.F. Paradesi
Babu claimed that he had been continuing as Moderator Bishop for the earlier
two tenures, this being his third tenure, commencing from 2021. In this regard,
the factum of occupation of the residence of the Moderator Bishop by Dr. G.
Sam Sampath Kumar is clearly reflected from the report filed by the Advocate
Commissioner, dated 01.04.2022.
41. The entire purpose of enumerating the history of disputes in the
preceding paragraphs is with a view to show the conflicting claims between
various groups, centered around the process of election to the central body of
the society.
42. We have now been informed that the elections next are due in the
month of April/May, and considering the fact that each of the parties who find
a mention in the preceding paragraphs now seek to initiate the process of
elections on their own, which would lead to further confusion and chaos, any
decision on the correctness or otherwise of the judgment and order impugned
on merits, in our opinion, would certainly not put an end to the present
controversy considering the history of litigation between them.
43. In those circumstances, v;ith a view to resolve the issue, it was
suggested to the counsel for the parties to agree on the appointment of a
retired Judge to ensure the orderly conduct of the elections to the synods and
15
HCJaNJS, J
W.A. No.1033 of 2023 a Batch
to the central body, as also to manage the affairs of the society until such
process is completed and the new office bearers are put in place.
44. Although there was some reluctance initially shown by Mr. G. Tuhin
Kumar, learned counsel for Dr. Elia, finally all the learned counsel appearing
for the parties agree to the arrangement as suggested.
45. Be that as it may, with the agreement of the counsel for the parties
the present set of appeals is disposed of in the following terms.
a. The entire process of elections starting from the synod level as also the
elections to the central body of the AELC shall be conducted under the
instructions, directions, supervision and guidance of Justice Kurian
Joseph, former judge. Supreme Court of India, who shall function as the
'Controller'.
b. Till such time as the elections are so conducted in accordance with the
constitution and the bye-laws of AELC, as also the provisions of the
Andhra Pradesh Societies Registration Act, 2001, and till such time as
the new management is in place, the day-to-day affairs of the society
shall also be conducted as per the instructions and directions of the
'Controller', who may, if necessary, appoint an administrator on such
terms as he deems appropriate and reasonable, to run the day-to-day
affairs of the society as also to assist the 'Controller' in the smooth
conduct of the elections.
16
HCJ a NJS, J
W.A. No. 1033 of 2023 0 Batch
c. The 'Controller' shall be entitled to draw an amount of Rs.15 lakhs per
month as honorarium in addition to the expenses incurred by him on
travel, boarding, lodging and other connected expenses, which shall be
paid from the funds of the society.
d. The State authorities, the police authorities as also the district
administrations shall render such assistance to the 'Controller', or on his
instructions to the administrator, for ensuring smooth conduct of the
elections as also for ensuring that there is no interference in running the
affairs of the society in the interregnum.
e. The present management including the Advocate Commissioner Vw'ould
discharge their functions only till such time as the 'Controller' formally
takes over the affairs of the society, whereafter they shall cease to
exercise such control.
The writ appeals are, accordingly, disposed of. No costs.
Pending miscellaneous applications, if any, shall stand closed.
Sd/- M. RAMESH BABU
/ ■ DEPUTY REGISTRAR
J.
3
//TRUE COPY//
SECTION OFFICER
To,
1. Mr. Justice (Retd.) Kurian Joseph, Mediator, Arbitrator, Conciliator,
Retired Judge - Supreme Court of India, D-1/40, Ground Floor, Vasant
Vihar, New Delhi - 110057, India. Phone: +91 11 40111789/+91
9999775444 Mail id: [email protected] (By Speed
Post)
2. The Principal Secretary, Home Department, State of Andhra Pradesh,
A.P.Secretariat, Velagapudi, Amaravati, Guntur District.
3. The Director General of Police, State of Andhra Pradesh, A.P. Police
Head Quarters, Mangalagiri, Guntur District.
4. The Superintendent of Police Urban, Guntur District.
5. The Deputy Superintendent of Police, West Guntur Town, Guntur
District.
6. The Circle Inspector of Police, Arundalpet, P.S.Guntur Town.
7. The Station House Officer, Arundalpet Police Station, Guntur town.
8. The Chief General Manager, Canara Bank, 2"^' Main, Sampige Road
Malleswaram, Bengaluru - 560 003.
9. The Regional Manager, Canara Bank, JKC College Road, 0pp. 5th Line
of Vijayapuri Colony, Guntur - 522 007.
10.
- 522 061^ Manager, Canara Bank, A.C. College Branch, Guntur
11.
rh P'^sident/Moderator Bishop, Andhra Evangelical Lutheran
K Sampath Kumar, S/o. Purushotham, Aged
about 52 years, Christian, Oce. AELC President, O/o. AELC Residential
Bungalow, AELC Office Compound, Brodipet, Guntur - 522 002.
12.
The Registrar of Societies, Andhra Pradesh.
13.
The District Registrar (Assurances), Guntur, Guntur District.
14.
District.The Deputy Superintendent of Police, West Guntur Town Guntur
15.
One CC to Sri Hanumantha Rao Bachina, Advocate [OPUC]
16.
One CC to Sri M R K Chakravarthy, Advocate [OPUC]
17.
One CC to Sri K Raghu Veer, Advocate [OPUC]
18.
One CC to Sri J Sudheer, Advocate [OPUC]
19.
20.
One CC to Sri Ram Mohan Komuravelly, Advocate [OPUC]
One CC to Sri Arjampudi Rama Koteswara Rao Advocate
[OPUC]
21.
22.
One CC to Sri Vivek Chandra Sekhar S, Advocate [OPUC]
One CC to Sri G. Tuhin Kumar, Advocate [OPUC]
23.
Prades^h^'^O^U?] of Andhra
24.
Two CCs to GP for Home, High Court of Andhra Pradesh ■ [OUT]
25.
RAM
Two CD Copies
HIGH COURT
DATED:03/04/2025
COMMON ORDER
WRIT APPEAL No; 1033 of 2023 along with W.A.Nos.746,1052 1053 & 1163 of 2023 ' ANOH^ O iiac 2 h APR 20?*! % m i Current iieciion ' -
DISPOSING ALL THE WRIT APPEALS WITHOUT COSTS