I.T. Baskar, v. Rev.D.Chandrasekaran,

Cont. P(MD)No.926 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont. P(MD)No.926 of 2021 in W.P(MD)No.273 of 2021 I.T.Baskar ... Petitioner/ Petitioner/ Petitioner Vs.

Rev.D.Chandrasekaran Bishop Trichy & Thanjavur (CSI) Diocese Vayalur Road Puthur Trichy-17.

... Respondent/7th Respondent/ 7th Respondent Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the contemnor / 4th respondent herein for willfully and deliberately committing contempt of Court by disobeying the order of this Court passed in W.M.P.(MD)No.212 of 2021 in W.P.(MD)N.273 of 2021, dated 08.01.2021. Prayer in WP(MD). 273/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents 1 to 6 to Prohibit the Teaching and Non-Teaching staff of schools and college under the administrative control of 6th and 7th respondents receiving grant in aid from the Government to contest in the upcoming 37th Diocesan Election for Trichy-Thanjavur Diocese scheduled to be held from 14.1.2021 to 16.1.2021 at Trichy Bishop Heber college and consequetly direct the respondents 1 to 5 to take appropriate action against the government servants who are all involving in Church Politics (CSI) and holding the post of Diocesan Council under the control of the 6th and 7th respondent by considering the petitioners representation dt 21.12.2020.

Prayer in WMP(MD). 212/ 2021 :

Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant an order of interim injunction restraining the 6th and 7th respondent from permitting teaching and non-teaching staff drawing government salary to contest in 37th Diocesan Election scheduled to be held from 14.1.2021 to 16.1.2021 at Trichy Bishop Heber college for Trichy-Thanjavur Diocesan post pending disposal of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont. P(MD)No.926 of 2021 the wp and thus render justice.

For Petitioner : Mr.T.A.Ebenezer For Respondent : Mr.S.Ramsundar Vijayraj

ORDER

This contempt petition has been filed on the ground that the interim order granted by this Court has been breached.

2. The sum and substance of the interim order granted by this Court is that the staff working in the Government Aided Institutions should not be allowed to contest in the Diocesan Council election. In clear violation of the said order, three persons, namely, Joseph Jayakumar, Arivazhagan and Premalatha Sudharsan were permitted to contest and also get elected. This was pointed out by the petitioner in his affidavit filed in support of the contempt petition. Thereupon, the contemnor has initiated proceedings removing the two Diocesan Council members. He had also removed Dr.Premalatha Sudharsan from the Women Fellowship Committee. Though I hold that the respondent had in fact committed contempt, I note that the said violation has since been undone. The contemnor has also filed an affidavit expressing his unconditional apology.

3. Accepting the same, the contempt petition is closed. If the petitioner is still aggrieved, it is open to him to challenge the election in the manner known to law.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

+1 CC to M/s.S.RAMSUNDARVIJAYARAJ, Advocate ( SR-31134[F] dated 05/10/2021 ) Cont. P(MD)No.926 of 2021 in W.P(MD)No.273 of 2021 04.10.2021 RD(18.10.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2