By reason of the impugned order dated 8.4.2005, the Division Bench of the High Court dismissed the said petitions, stating Therefore, even though the petitioners claim themselves as elected members to the respective offices, in view of the report of the learned Advocate Commissioner dated 22.12.2004, referred to above, the very companyduct of the elections as well as the results declared thereon shall become a nullity as the respective societies have become defunct.
Therefore finding it an absolute necessity to regulate the registration of the respective bodies in accordance with the provisions of the Act and also the entire affairs administration and management of the society in question, an interim arrangement pending such regularization strictly in accordance with the provisions of the Act including the companystitutional bye laws to the respective IELC Apex Body and three synods with the Registrar of Societies has become inevitable, as agreed by the learned companynsel appearing on behalf of all the parties in the above appeals, both the elected office bearers and the companytested candidates.
Directions were passed by the High Court from time to time.
Indisputably, by an order dated 1.12.2003, an Advocate Commissioner was appointed to hold elections.
On or about 17.8.2005, the Division Bench appointed Mr. Justice J. Kanakaraj as an Administrator with an Associate Member.
The appellants in other appeals did number approach the High Court at all.
Elections were held under the supervision of the said Advocate Commissioner.
Election held in respect of IELC was also held on 6.6.2004.
Whereas election in respect of the Ambur Synod was held in December, 2003 that of Trivandrum Synod was held in April May, 2004.
Granting mandatory injunction directing the fourth defendant and the plaintiff to act as election companymission of the IELC including the synods and circles of IELC and to companyduct elections for the IELC, Synods and circles at all levels or in the alternative appoint an Advocate Commissioner to companyduct elections for all the Circles, Synods and IELC.
On the aforementioned premise it was directed As brought to our numberice by the election officer, all the parties, who participated in the election and appeared before us, are equally responsible for the above lapse.
The appellant herein and one T.K. Christopher Stalin filed an application for impleading them as parties, inter alia, on the premise that they were validly elected.
However, by an order dated 22.12.2004, the learned Court proceeded on the basis that all the elected members were parties before it stating A reading of the report dated 22.12.2004 clearly shows that the list of voters, members of the IELC Apex Body and the synods were number duly registered with the Registrar of Societies and in which event the very companyduct of the election as well as the result thereon become a nullity and lack legal sanctity for want of companypliance of the registration of the companystitutional bye laws of the Societies with the Registrar of Societies.
Consequently, the election companyducted to the post of office bearers of IELC would become futile exercise and therefor, it may number be proper for this Court to approve the election of a defunct society, without regulating the registration, inasmuch as the office bearers of the society also representing the IELC Trust Association, which is said to have been incorporated under the provisions of the Companies Act, as the Trust Association is managing vast properties both movable and immovable, apart from having established and administering several schools elementary, middle, secondary and higher secondary and also hospitals.
The elected members were directed to apply for fresh registration.
Election of the Nagercoil Synod was held in May, 2004.
Arising out of SLP C Nos.
26954 26969/2005 B. Sinha, J. Leave granted.
The Indian Evangelical Lutheran Church the Church, for short has a large companygregation companysisting of several pastorates in the Church Council.
Granting permanent injunction restraining the third defendant from functioning as election companymissioner of IELC including the Synod and circles of IELC.
Considering the fact that the election companyducted has already become a nullity, the question of impleading the petitioners, much less recalling the order dated 22.12.2004 made in O.S.A. Nos.265 to 272 of 2003 does number arise.
