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2015 DIGILAW 1257 (MAD)

J. Rajesh v. Oor Committee of Melaperuvilai, St. Jebamalai Matha Church & its Members, Rep. by its President Rose Darvin

2015-03-03

PUSHPA SATHYANARAYANA

body2015
Judgment :- 1. This Civil Revision Petition is directed against the order dated 03.11.2014, made in I.A.No.366 of 2014 in O.S.No.193 of 2010, on the file of the learned Additional District Munsif, Eraniel. 2. Thesuit has been filed by Oor Committee of Melaperuvilai St. Jebamalai Matha Church and its members, represented by its President one Rose Darvin. Pending suit, I.A.No.366 of 2014 has been filed by the revision petitioner contending that he has been subsequently elected as President in a general body meeting. He alleged in the affidavit filed in support of the said application that the general body meeting was held on 14.09.2014. In the said meeting, there were several allegations against the then President. The main grievance was that the Silver Jubilee of Melaperuvilai St.Jebamalai Matha Church was not conducted, despite repeated demands by the members. Aggrieved over the said conduct of the then President, the members wanted to remove him and convened the general body meeting, in which, the then President could not give a suitable and proper answer to the members. Therefore, according to the revision petitioner, the general body, unanimously, passed a resolution that the then President was not fit to manage the affairs of the Trust and removed him from the Presidentship. Further, an adhoc committee was constituted and the revision petitioner was nominated as adhoc President of the first plaintiff Church. As he was elected as President in the general body meeting, the application to implead himself as the second plaintiff in the suit has been filed. 3. The said application was resisted by the first plaintiff represented by the President Rose Darvin. It was contended by the respondents therein that there was no election and it was only general body which has got no powers to elect the President. It was alleged further that the revision petitioner has been in the habit of giving trouble and filing vexatious petitions and police complaints. 4. The learned Additional District Munsif, after hearing both sides and on perusal of the materials available on record, dismissed the same. Aggrieved by the said order, the revision petitioner has filed the above revision. 5. Exs.P.1 to P.7 were marked before the Trial Court, which are the notice by the general body meeting and the resolution and other documents relating to the alleged general body meeting. 6. Aggrieved by the said order, the revision petitioner has filed the above revision. 5. Exs.P.1 to P.7 were marked before the Trial Court, which are the notice by the general body meeting and the resolution and other documents relating to the alleged general body meeting. 6. The only grievance of the so-called general body and the members was that the Silver Jubilee of the Church was not conducted by the then President. 7. But, from the contention of the first respondent, it can be learnt that there was a stay of conduct of election by the Revenue Divisional Officer, as law and order problem was apprehended by him. Against the order of the Revenue Divisional Officer, W.P.No.11852 of 2008 is filed before this Court and it is said to be pending till date. While so, when there is a stay of conduct of election, the revision petitioner was unable to explain as to how general body could be convened and President can be elected. Exs.R.1 and R.2 make it clear about the proceedings of the Revenue Divisional Officer not granting permission for any kind of election by the first plaintiff Trust. The learned Trial Judge has also held that the documents filed on behalf of the revision petitioner were all created for the purpose of filing the application and hence, rejected the same. In view of the fact that there is no election and there was no properly elected President, the revision petitioner cannot claim himself to be the President of the first plaintiff Church and implead himself. Therefore, the dismissal of the said application by the learned Judge is correct and no interference is warranted. 8. In the result, the Civil Revision Petition is dismissed. However, since the suit is of the year 2010, the learned Additional District Munsif, Eraniel is directed to dispose of the suit in O.S.No.193 of 2010, on merits and in accordance with law, as expeditiously as possible. No costs. Consequently, the connected miscellaneous petition is also dismissed.