2006 (9) TMI 610 - SC - Indian Laws

Supreme Court reinstates Ambur Synod elections, stresses compliance with Societies Registration Act

I. Nelson & Anr. Versus Kallayam Pastorate & Ors.

I. Nelson & Anr. Versus Kallayam Pastorate & Ors. - TMI Issues Involved:1. Validity of the High Court's order setting aside elections.2. Jurisdiction of the High Court in appointing an Administrator.3. Alleged violation of fundamental rights under Articles 25 and 26 of the Constitution.4. Compliance with the Tamil Nadu Societies Registration Act, 1975.Summary:1. Validity of the High Court's Order Setting Aside Elections:The High Court set aside the elections on the premise that the society had become defunct due to non-compliance with the statutory provisions of the Tamil Nadu Societies Registration Act, 1975 (the 1975 Act). The Supreme Court noted that the society was registered under the Societies Registration Act, 1860 (the 1860 Act) and, by virtue of Section 53 of the 1975 Act, it should be deemed registered under the 1975 Act. The Supreme Court held that the High Court could not set aside the elections solely on the ground of the society becoming defunct without considering the provisions of the 1975 Act, which provides a complete code for dealing with such issues, including cancellation of registration and winding up of societies.2. Jurisdiction of the High Court in Appointing an Administrator:The High Court appointed an Administrator to oversee the society's functions, which the appellants contended was beyond its jurisdiction. The Supreme Court observed that the High Court should have relegated the parties to take recourse to the remedies available under the law for questioning the validity of the elections before the appropriate forum. The Supreme Court allowed the elected members of the Ambur Synod and Church Council to take over their respective activities from the Administrators, subject to any further orders by a competent court.3. Alleged Violation of Fundamental Rights under Articles 25 and 26 of the Constitution:The appellants argued that their fundamental rights under Articles 25 and 26 of the Constitution were violated by the High Court's judgment. The Supreme Court dismissed this contention, stating that the appellants had not been parties in the suit and had not specified how their fundamental rights were infringed. The Court emphasized that rights under Articles 25 and 26 are not absolute and do not include the right to mismanage.4. Compliance with the Tamil Nadu Societies Registration Act, 1975:The Supreme Court noted that the society was deemed to be registered under the 1975 Act due to its prior registration under the 1860 Act. The Court criticized the Inspector General of Registration for not bringing the relevant provisions of the 1975 Act to the High Court's notice. The Court held that the statutory authorities should take appropriate actions as provided under the 1975 Act if the society became defunct or failed to comply with statutory requirements. The Court directed that the elected members of the Ambur Synod and Church Council may continue their activities, while the Administrators oversee their functions and conduct elections for the Nagercoil Synod.Conclusion:The Supreme Court allowed the appeal, setting aside the High Court's order that nullified the elections and appointed an Administrator. The Court directed that the elected members of the Ambur Synod and Church Council take over their activities, subject to further orders by a competent court, and emphasized the need for compliance with the 1975 Act. The parties were given liberty to approach the High Court for any further orders or directions.