High Court bench invokes Article 227, sets aside orders of lower courts

Says it is duty bound to take step to prevent abuse of law

Updated - April 18, 2018 07:06 pm IST

Published - April 18, 2018 07:44 am IST - Madurai

 A view of Madurai Bench of Madras High Court.

A view of Madurai Bench of Madras High Court.

The Madurai Bench of the Madras High Court on Monday invoked its power under Article 227 of the Constitution (power of superintendence) and Section 115 of the Code of Civil Procedure (power to call records of subordinate courts) to set aside orders of lower courts.

Justice M. V. Muralidaran, hearing a civil revision petition, observed that when there was an abuse of the process of law, the court was duty bound to invoke Article 227 to prevent the abuse of law.

The court was hearing the revision petition filed by secretary Pastor Ambrose and treasurer Jeyaraj Thangavelu of South-East India Union of Seventh Day Adventists, Chennai.

The court took cognisance of the fact that Pastor Sam Sudhakar, the previous president of North Tamil Conference of Seventh Day Adventists, continued to hold the post, by creating disputes with false claims through his brother Edward Daniel Chandrasekar, thereby stalling the election process from 2007.

Edward Daniel Chandrasekar had moved the II Additional Sub-Judge, Tiruchi, and Sam Sudhakar had moved I Additional District Munsif seeking injunction against the election for the post of president of the SEIU, which was allowed by the lower courts.

The HC held that the lower courts were misled and the process of law was abused and struck down the orders of the lower courts.

Fair elections

The court, taking notice of the fact that election for the North Tamil Conference of Seventh Day Adventists, Tiruchi, was delayed, appointed retired Judge of the Madras High Court V. Dhanabalan as election officer and advocate R. Karunanidhi to assist him.

The election to the North Tamil Conference of Seventh Day Adventists, Tiruchi, shall be completed as per its bylaw within two months, the court said.

It also directed adequate police protection to the election officer till the election was over. The court will take up the case for hearing after the election completion report is filed by the election officer.

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