Rev. L.T. Pavithara Singh vs Trivandrum Synod Credential Committee and Others

Thomas P. Joseph, J.—The plaintiffs in O.S. No. 981 of 2012 of the IInd Additional Munsiff''s Court, Trivandrum is aggrieved by Ext. P8, order dated 06.10.2012 on Ext. P5, application and has filed this original petition under Article 227 of the Constitution. In Ext. P5, application the relief sought for is that the respondents may be directed to permit the delegates of the Neyyattinkara Pastorate to cast their votes in the election to the Trivandrum Synod, accept nominations submitted from the Neyyattinkara Pastorate and allow them contest in the said election.

The suit is for a declaration that the petitioner and the Neyyattinkara Pastorate have the right to vote, to be included in the final list of voting delegates and contest in the election to the Synod of Trivandrum. The election was originally scheduled for 03.08.2012. While so, the respondents published the first list without the name of petitioner and Pastorate of Neyyattinkara as voters. That was followed by a second list on 20.08.2011 including the name of the petitioner and Neyyattinkara Pastorate as well, as voters. According to the petitioner, the election to the Trivandrum Synod can be conducted only after election to all the circles is over. The election to the Ponvila circle has already been stayed by the court below on another application moved by the petitioner.

The respondent did not prefer any objection to Ext. P5, application but contended that the application has become infructuous since election to the Trivandrum Synod was held on 04.09.2012. There was also two options stated by the counsel for the respondents, one, that the petitioner could be permitted to vote and the elections subject to the result of the suit and the second, that his vote could be cast in a sealed cover and considered after disposal of the suit. The petitioner was however, not agreeable for any of the options.

The learned Additional Munsiff after considering the rival contentions, dismissed Ext. P5, application by Ext. P8, order.

In this original petition the prayers made are, to set aside Ext. P8, order, to declare that the election to the Trivandrum Synod Committee held on 04.09.2012 is illegal and irregular and to direct the respondents to conduct fresh election to the Trivandrum Synod as per Ext. P4, list of voters and allowing the petitioner made in Ext. P5, application.

The learned counsel submits that the election conducted to the Trivandrum Synod is illegal and irregular for the reasons stated in Ext. P5, application.

For more reasons than one, I do not think that I should not interfere in the matter at this stage. Firstly, the election concerning which direction in Ext. P5, application was sought for has already been held on 04.09.2012. Secondly, the question whether that election is illegal or is not to be decided in this original petition. That is a matter which the trial court has to decide if that arise for a decision in the suit. Thirdly, the options provided to the petitioner was not availed by him. The learned counsel submits that by the time the suit is disposed of, the period of the elected committee itself would be over. Certainly, that grievance of the petitioner has to be looked into. Hence, the trial court is directed to expedite trial and disposal of the suit after completing the pre-trial steps.

With the above direction, this original petition is dismissed.