THE HON’BLE SRI JUSTICE C.V.RAMULU C.R.P.No.1802 of 2010 ORAL ORDER: This Civil Revision Petition under Article 227 of the Constitution of India is filed questioning the order made in I.A.Nos.590/08 and 531/09 in S.R.O.P.No.709 of 2008 dated 9.2.2010 on the file of the learned Principal District Judge, Nellore, whereunder the application filed under Order 39 Rules 1 and 2 of CPC for grant of temporary injunction was considered and ordered accordingly. Petitioners are respondents and respondents are petitioners. Respondents filed S.R.O.P.No.709 of 2008 seeking permanent injunction restraining the petitioners herein from interfering into the services of Pastor as well as administration of St.Paul Peters Church, Guntur. Along with O.P., they have also filed I.A.Nos.590/08 and 531/09 for temporary injunction, which were allowed vide impugned order. Hence this CRP. The learned counsel for petitioners strenuously contended that no injunction could have been granted to the respondents herein, since they were not appointed by the South Andhra Lutheran Church, represented by its Bishop President and they assumed charge on their own, as there was no elected body existing at that point of time. In this context, it is appropriate to notice the observations and findings recorded by the Court below, which are as under: “As both the petitioners and the respondents are admitted that Paris Church Council, Gudur is affiliated to South Andhra Lutheran Church and South Andhra Lutheran Church is bound by its byelaws as detailed under Ex.A1, as the term of the office bearers to the elected posts were for a period of two years only, the election basing on which the petitioners 2 to 4 are claiming is for a period of two years i.e. w.e.f. 25.11.2007 which is already expired by 25.11.2009, the appointment order made as pastor of St.Paul Peters Church by the Executive Committee resolution to act as in-charge pastor to the petitioner No.1 is not the permanent appointment and it is subject to variation by the competent Executive Committee or proceedings of the South Andhra Lutheran Church. Even the term of the respondents 2 to 4 is also over by 9.12.2009. As the term of the office of both the petitioners 2 to 4 and the respondents 2 to 4 is completed even according to their respective contentions, it is absolutely necessary to give necessary instructions to the Apex Body to hold elections to elect the persons as Chairman, Secretary and Treasurer of Parish Church Council, Gudur under their supervision by convening the General Body meeting in order to avoid future trouble. The President and Executive Committee of South Andhra Lutheran Church can take appropriate decision relating to appointment of pastor either to continue Rev.K.Stanley as pastor of the said Church or appoint Rev.M.Manoharam as its pastor or some one else in their wisdom who is competent to discharge the prayers in the said Church to the satisfaction of the Christian community who are having faith in Christianity and who are attending to St.Paul Peters Church, Gudur for prayers. Hence, I feel it is necessary for the Apex Body i.e. South Andhra Lutheran Church to take appropriate steps to appoint a consensus candidate as Pastor to St.Paul Peters Churh, Gudur and also convene a General Body meeting to elect the Chairman, Secretary and Chairman of the Parish Church Council, Gudur to have proper administration of the affairs of the said institution. The point is answered accordingly. In the result, I direct the Bishop President and the Executive Committee of the South Andhra Lutheran Church to take appropriate steps to appoint the pastor and also to conduct elections to elect the Chairman, Secretary and Treasurer of the said institution on or before 30.5.2010. Till such time, the petitioners are permitted to continue as Pastor, Chairman, Secretary and Treasurer of the said institution to continue the prayers and administration of the institution without any disturbance. But the petitioners are not entitled to continue in their posts after expiry of the said period. The office is directed to address a letter to the SALC by marking a copy of this Order to take appropriate steps to appoint a pastor and to conduct elections to elect the Chairman, Secretary and Treasurer of Parish Church Council, Gudur for effective administration of the Parish Church Council, Gudur. Both parties are directed to furnish the Central Office address of SALC to enable this office to address a letter. If the SALC faces any difficulty in convening General Body meeting to hold election to elect Chairman, Secretary and Treasurer of the Parish Church Council, Gudur, they can seek the assistance of the Inspector of Police, Gudur to render necessary police aid to maintain law and order and to create a congenial atmosphere to hold elections to elect Chairman, Secretary and Treasurer of Parish Church Council, Gudur in peaceful manner. The Inspector of Police, Gudur town is directed to provide necessary police assistance to the President of SALC or Executive Committee of SALC when approaches him to provide police help, to convene General Body meeting and to elect the persons to the respective posts of Parish Church Council as stated above. The President or Executive Committee of SALC are further directed to request the District Registrar, Nellore to depute one Officer to supervise the convening of the General Body meeting, conducting of election to elect the Chairman, Secretary and Treasurer etc., posts of Parish Church Council, Gudur and submission of elected body to the District Registrar within fourteen days after such election as envisaged under the A.P. Societies Registration Act, 2001. On such request, the District Registrar, Nellore is directed to depute one able and effective Officer in his discretion to supervise the entire process right from the date of issuing requisition to convene General Body meeting, conducting of elections to elect Chairman, Vice Chairman, Secretary, Treasurer etc., posts of Parish Church Council, Gudur and submission of report to the District Registrar within 14 days of such election as per Section 14(3)(1) of A.P. Societies Registration Act, 2001. I direct both the petitioners and the respondents to cooperate with the SALC for smooth convening of General Body meeting and conducting of elections stated above. They can also participate in those elections if they are eligible to contest to any one of the posts and otherwise not disqualified. I direct both parties to bear their own costs in these petitions”. I am of the opinion that the Court below has exceeded its jurisdiction in directing to conduct elections in a particular manner while granting injunction in favour of respondents herein, as noticed above. The learned counsel appearing for petitioners as well as respondents have admitted that the Court below ought not to have directed to conduct elections in a particular manner and seek police protection. I am of the view that the said observations made by the Court below are unwarranted in a case of this nature. Therefore, to the extent of directions issued to conduct elections in a particular manner and seek police protection are liable to be deleted and accordingly deleted. However, the learned counsel for petitioners states that the term of office of the respondents had already expired, and in fact elections were conducted and the petitioners herein were elected, therefore respondents cannot continue in the office as such. I am of the view that those aspects cannot be dealt with by this Court and it is for the Apex Body to take a decision in that regard. It appears, admittedly the term of office of respondents 2 to 4 was expired by 25.11.2009 itself, therefore the Court below having noticed the above fact, ought not to have granted injunction insofar as respondents 2 to 4 are concerned. The C.R.P. is allowed to the extent indicated above. However, the injunction granted in favour of respondent No.1 is not disturbed. There shall be no order as to costs. ______________ C.V.RAMULU, J Date: 22.6.2010 Note: Issue C.C. in one week. B/o DA THE HON’BLE SRI JUSTICE C.V.RAMULU C..R.P.No.1802 of 2010 22.6.2010 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU C..R.P.No.1802 of 2010 Date: 22nd June, 2010 Between: Rev.M.Manoharam and others. .. Petitioners And Rev.K.Stanley and others. .. Respondents