ORDER
P.D. Dinakaran, J.
1. These appeals are posted today for reporting compliance of earlier directions given by this Court.
2. Heard learned counsel appearing for all the parties.
3. Before going into the issues on hand, we feel it better to have a cursory look over the history of the case, to understand the issues in a better manner.
4. This Court, by order dated 23.11.1999 made in Application Nos. 688 and 689 of 1997, appointed R. Jayasingh Peter as Election Officer to conduct the election relating to three synods, viz., Nagercoil Synod, Trivandrum Synod and Ambur Synod. The Election Officer conducted election relating to Nagercoil Synod and Trivandrum Synod and declared the results and the elected Office Bearers also assumed the office.
5. Challenging the election on the ground of irregularities committed by the Election Officer, namely, ineligible congregations had been included and eligible congregations had been omitted in the voter list on the ill-advice of the General Treasurer Thiru Lazarus Bright, some of Pastorates filed Application Nos. 1311 to 1319 of 2002 to set aside the election conducted by the Election Officer and for a direction to conduct a fresh election by permitting the respective applicant-pastorates to participate in the same.
6. A learned Single Judge of this Court, by order dated 6.5.2003, dismissed the applications on the ground that the election was conducted fairly and properly and the applications to set aside the election were filed only on flimsy grounds. Aggrieved by the above order of learned Single Judge, the above O.S. As. have been filed.
7. In the above appeals, a Division Bench of this Court appointed Mr. R. Bharanidharan, Advocate as Election Commissioner by order dated 9.9.2003 who has filed reports periodically.
8. When the appeals came up for hearing on 25.6.2004 for filing the report of Election Commissioner and for confirmation of election conducted to various officers of the Indian Evangelical Lutheran Church (for short, “IELC”), the Apex Body as well as its constituent units – three Synods, viz., Ambur Synod, Nagercoil synod and Trivandrum Synod, a Division Bench of this Court passed the following order:
“Final report of the Election Commissioner dated 23.6.2004 is placed before us for confirmation. The Election Commissioner also reports that the elected office bearers have already got installed to their respective office, pursuant to which, they have to fill up the other constituent posts. Therefore, before passing a final order in the subject, we are of the considered opinion that all the constituent posts are to be filled up and reported to us so that there would not be any constitutional flaw in filling up the posts under the constitution of each of the synod as well as the Apex Body of the IELC and also in determining their period. The Election Commissioner is directed to give suitable direction to all the three synod units as well as the Apex Body and after filling up such constituent posts, the appellant is directed to implead all of them as party to the proceedings. The above observations/directions are without prejudice to the rights of any aggrieved parties against the elected office bearers. Post for orders after three weeks.”
9. Then, when the matter was posted for further orders on 21.7.2004, a serious doubt arose as to the very existence of the registration of Synods as well as the IELC Apex Body under the provisions of the Tamil Nadu Societies Registration Act, 1975 and authenticity of voters who had participated in the elections confirming the qualifications prescribed in the Constitution and Bye-laws registered with the Registrar of Societies and this Court passed the following order:
“We have perused the final report of the Election Officer dated 23.6.2004 relating to the election to the post of office bearers of Trivandrum Synod as well as Nagercoil Synod and that of the Apex Body of the Indian Evangelical Lutheran Church (hereinafter referred to as the “IELC”).
2. According to the Election Officer, immediately after the conduct of election of three synods viz. Ambur Synod from 1.12.2003 to 4.12.2003, Nagercoil Synod from 3.5.2004 to 5.5.2004 and Trivandrum Synod from 29.4.2004 to 1.5.2004, as well as the Apex Body of the IELC on 7.6.2004, the results were declared and the respective office bearers got installed and started functioning for the respective term, viz. three years for Ambur Synod and the Apex Body of IELC and two years for Trivandrum and Nagercoil Synod, from the date of their election.
3.1. When the matter came up before us on 25.6.2004, after hearing the Election Officer as well as the learned counsel for the appellants, we passed the following order:
‘… Final report of the Election Commissioner dated 23.6.2004 is placed before us for confirmation. The Election Commissioner also reports that the elected office bearers have already got installed to their respective office, pursuant to which they have to fill up the other constituent posts. Therefore, before passing a final order in the subject, we are of the considered opinion that all the constituent posts are to be filled up and reported to us so that there would not be any constitutional flaw in filling up the posts under the constitution of each of the synod as well as the Apex Body of the IELC and also in determining their period. The Election Commissioner is directed to give suitable direction to all the three synod units as well as the Apex Body and after filling up such constituent posts, the appellant is directed to implead all of them as party to the proceedings. The above observations/directions are without prejudice to the rights of any aggrieved parties against the elected office bearers. Post for orders after three weeks.’
3.2. In compliance with our directions dated 25.6.2004, it is reported by the Election Officer that all the constituent posts were duly filled up and the new incumbents have also taken charge of the respective post.
3.3. Rev. S. Rajagambeeram, Rev. K.S. Davidson, Rev. J. Sensar, Rev. Giften E. Joshua, J. Gnanajothy, and Rev. P.K. Pauldurai, representing the office of the Apex Body of IELC as President, Vice President, Secretary, Comptroller, Treasurer and Election Officer respectively have appeared before us today.
3.4. However, newly elected officers could not confirm whether the registration of the Apex Body of IELC under the provisions of the Societies Registration Act, 1860, continues to be in force under the provisions of the new Act, viz. Societies Registration Act, 1975, by periodical renewal, as contemplated under law, as in the absence of any such renewal, the Apex Body of IELC would itself become defunct. Consequently, the election conducted to the post of office bearers of IELC would become futile exercise and therefore, it may not 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.
3.5. In that view of the matter, the elected members are directed to regulate the registration of the Synods as well as the Apex Body in the manner known to law and report the matter to this Court within eight weeks, to enable this Court to approve their election.
4. In the meanwhile, taking into consideration the work rendered by the Election Officer Mr. R. Baranidharan, in conducting the election to the post of Office bearers of Trivandrum and Nagercoil Synod, we direct the Central Business Office of the Apex Body to pay the following remuneration within a period of two weeks from today,
(a) a sum of Rs.65,000/- payable to the Election Officer and Rs.15,000/- payable to the Assisting Officers, viz. Mr. G. Rm. Palaniappan and Mr. K. Magesh, at the rate of Rs.7,500/- each, for conducting election to the post of office bearers of Trivandrum Synod; and
(b) a sum of Rs.65,000/- payable to the Election Officer and Rs.15,000/- payable to the Assisting Officers, viz. Mr. G. Rm. Palaniappan and Mr. K. Magesh, at the rate of Rs.7,500/- each for conducting election to the post of office bearers of Nagercoil Synod.
Post the appeals after eight weeks along with C.S. No. 674 of 1997.”
10. Accordingly, all the elected members were impleaded by order dated 7.10.2004 in C.M.P. No. 1538 of 2004. The Inspector General of Registration was also impleaded as a party by order dated 8.11.2004 in C.M.P. No. 17564 of 2004 in order to verify whether the IELC apex Body and the Synods exist on the roll of Registrar of Societies under the provisions of Tamil Nadu Societies Registration Act.
11. It was brought to the notice of the Court that IELC Apex Body as well as Synods, which were registered under the Societies Registration Act (Central Act XXI of 1860) with registration No. 11 of 1959, became defunct and the same are not found on the roll of Registrar of Societies under the provisions of Tamil Nadu Societies Registration Act. Even though an impression was given to this Court as well as State and Central Governments and other Foreign donors that the IELC Apex Body as well as the synods are functioning as a society registered under the relevant Statute continuously and the Constitution and the By-laws of the Society are also duly registered with the Registrar of Societies, the same is admittedly not correct.
12. In the meantime, the candidates, who are unsuccessful in the election filed C.M.P. Nos. 17565 to 17572 of 2004 to set aside the election on the ground that since the list of voters, who were permitted to vote in the election conducted by the Advocate Commissioner was not prepared in accordance with the provisions of the Constitution and the By-laws of the Society, for want of registration of the same with the Registrar of Societies as on date, and also on several grounds such as, the period of office of some of them continues and therefore, the election should not have been conducted.
13. This Court, in its order dated 22.12.2004, was of the opinion that there is no need to go into the above contentions of the petitioners in C.M. Ps. for the present, because all the parties, who appeared before this Court including the elected office bearers as well as the unsuccessful candidates, fairly conceded that the IELC Apex Body and three synods, which were registered as Societies bearing Registration No. 11 of 1959 under the provisions of Societies Act (Central Act XXI of 1860) became defunct long ago and the provisions of the Constitution and the By-laws are not registered with the Registrar of Societies in accordance with the provisions of the Tamil Nadu Societies Registration Act 1975, as on the date.
14. Moreover, taking the above facts into consideration, the Election Officer filed a report before this Court dated 22.12.2004, which reads as follows:
‘(1) This Hon’ble Court was pleased to appoint me as the election officer to conduct the elections to the Nagercoil and Trivandrum Synods, India Evangelical Lutheran Church by order dated 9.9.2003. This Hon’ble Court by further orders dated 31.3.2004, issued directions for conduct of the circle and synod elections to both the Nagercoil and Trivandrum Synods, approving the dates and the venue for conduct of the elections.
(2) It is stated that the Elections to Ambur Synod was conducted from 1.12.2003 to 4.12.2003, the elections to Trivandrum Synod were conducted from 29.4.2004 to 1.5.2004 and the elections for Nagercoil Synod was conducted from 3.5.2004 to 5.5.2004. The Elections to the post of IELC, President was held on 6.6.2004.
(3) It is stated that pursuant to directions of this Hon’ble Court, it was verified whether, the present List of Voters to all the three Synod Elections were duly registered with the Registrar of Societies. It is further stated that on verification, it was found that the IELC, which was claimed to be a registered society was not duly continued as registered society with the Registrar of Societies for the past 35 years and the members list was also not duly registered with the Registrar of Societies.
(4) The above fact was not being brought to the notice of the Advocate-Commissioner/Election Officer, during the conduct of election, by either parties or the persons who were acting as Office bearers.
In the abovesaid circumstances, it is humbly prayed that this Hon’ble Court may be pleased to record the above fact and pass such further or other orders as this Hon’ble Court deem fit and proper.
Dated at Chennai, on this 22nd day of December, 2004.
sd/-
ADVOCATE-COMMISSIONER
15. In the order dated 22.12.2004, this Court also found that a reading of the report of the Advocate/Commissioner dated 22.12.2004 clearly shows that the list of voters, members of the IELC Apex Body and the synods were not duly registered with the Registrar of Societies and in that event, the very conduct of the election as well as the result thereon became a nullity and lacked legal sanctity for want of compliance of the registration of the Constitution and the By-laws of the Societies with the Registrar of Societies.
16. Taking into consideration the report filed by the IELC stating that there are about 101 educational institutions, such as primary schools, elementary schools, middle schools, high schools and higher secondary schools, three hospitals with two nursing institutions and vast landed properties of an extent of 440 acres carrying on many social, religious and charitable activities having transactions with the aid of State and Central Government funds and foreign donations, this Court was of the considered opinion that since the IELC Apex Body as well as Synods became defunct for want of registration under the provisions of the Tamil Nadu Societies Registration Act, the above social, religious and charitable activities should not suffer, as it would otherwise affect the needy and innocent public.
17. This Court, finding it an absolute necessity to regulate the registration of the Apex Body as well as Synods in accordance with the provisions of the Tamil Nadu Societies Registration Act 1975 and also to regulate the entire affairs, administration and management of the Society in question, came to the conclusion that an interim arrangement is inevitable, as agreed by the learned counsel appearing on behalf of all the parties in the above appeals, namely, both the elected office bearers and the contested candidates.
18. Accordingly, a joint memo dated 22.12.2004 was filed by both elected Office bearers and contested candidates which reads as under:-
“1) The operation of all accounts in Central Business Office, Nagercoil pertaining to IELC Apex Body and IELC Trust Association shall be operated by Rev. S. Rajagambeeram and Rev. C. Thankappan jointly who shall function as Interim Administrators, who alone shall represent the IELC Trust Association for any financial transactions.
2) All the legal matters touching upon the Churches and various institutions belonging to the Church shall be represented jointly by Rev. S. Rajagambeeram and Rev. C. Thankappan
3) The entire administration management and financial affairs for Ambur Synod shall be controlled by Rev. Fredirick Prasad and Rev. A. Thangaraj as interim administrators, who shall exercise their control over the institutions within the jurisdiction jointly.
4) The administration management and financial affairs for Nagercoil Synod shall be controlled by Rev. Muthuraj and Rev. M. Wilson as interim administrators who shall exercise their control over the institutions within the jurisdiction jointly.
5) The administration, management and financial affairs of the Trivandrum Synod shall be controlled by Rev. Stephanose and Rev. Jeevaraj as interim administrators who shall exercise their control over the institutions within the jurisdiction jointly.
6) In so far as the appointment of correspondents to various Special Schools belonging to IELC (Deaf Schools and Blind School, etc.) which is a honorary post and which remains vacant, the appointment shall be made jointly by Rev. S. Rajakambeeram and Rev. C. Thangappan to avoid any dislocation in the management and administration of schools.
7) No other appointment shall be made during the period when the interim management is in control of the IELC Apex Body and the three synods, Ambur, Trivandrum and Nagercoil pending further orders of this Hon’ble Court.
8) The payment of salary, pension, P.F. Contribution and other retirement benefits to the Pastors and IELC workers and maintenance of Boarding schools shall be made by Rev. S. Rajakambeeram and Rev. C. Thangappan jointly.
9) The administration and management of all the hospitals functioning under IELC Apex Body shall be administered, managed and controlled by Rev. S. Rajakambeeram and Rev. C. Thangappan jointly.
10) The interim management made to the Apex Body and the three synods namely, Ambur, Trivandrum and Nagercoil is for a period of 3 months subject to further extension, modification, variation as deemed fit by this Hon’ble Court suo motu or on an application if it is so advised within which period the registration of the Society shall be regulated under the Societies Regn. Act.
11) Notwithstanding any order obtained or to be obtained from any subordinate Courts within the jurisdiction of India with reference to the matters touching administration, management and affairs of IELC Apex Body and three Synods, this interim arrangement prevail.
12) Any policy decision or financial transactions by the interim administrators for the Apex Body and three Synods shall be duly counter-signed by the Inspector General of Registration or the officer authorised by him among Additional I.G./Asst. I.G., Vigilance as the case may be pending regularisation of Registration of the IELC Apex Body and three Synods and not under the provisions of the Act.
13) The above interim administrators for IELC Apex Body and three Synods shall file monthly reports in the above appeal on or before 7th of every succeeding month.
14) In case of difference of opinion between the administrators in matters relating to administration the same shall be referred to the Inspector General of Registration or any officer authorised by him, as stated above in Clause 12 for proper guidance.”
19. In view of the above memo of interim arrangement dated 22.12.2004, this Court set aside all the elections to various offices in three Synods as well as IELC Apex Body and directed the respective interim Administrators to take charge of the IELC Apex Body as well as Synods.
20. This Court by order dated 22.12.2004 also directed the interim Administrators to regulate the continuity of registration of the IELC Apex Body and three Synods, namely, Ambur, Trivandrum and Nagercoil Synods by registering the Constitution and the By-laws with the Registrar of Societies in consonance with the provisions of the Tamil Nadu Societies Registration Act 1975 on or before 31.01.2005 and also to finalise the qualified members of the IELC Apex Body and the three Synods as well as the voters list as per the provisions of the Constitution and the By-laws of the IELC Apex Body and the respective three Synods registered with the Registrar of Societies as on 31.01.2005 and submit a final report to this Court duly countersigned by the Registrar of Societies or the authorities authorised by him among Additional I.G./Asst. I.G., Vigilance, as the case may be, on or before 28.02.2005. This Court accordingly directed the matter to be posted for further orders during second week of March, 2005.
21. The Special Leave Petition filed against the above-said order of this Court dated 22.12.2004 has also been dismissed by the Supreme Court by order dated 11.2.2005 in SLP(C) No. 2197 of 2005.
22. In the meantime, one of the Administrators filed C.M.P. No. 7894 of 2005 to permit interim Administrators to function as Correspondents/Managers of the educational institutions within the jurisdiction of the respective Synods. This Court, by order dated 27.4.2005, clarified that the Correspondents/Managers of the educational institutions within the jurisdiction of the respective Synods shall discharge their duties and functions as prescribed in Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, except making fresh appointments in the existing or future vacancies until further orders of this Court. This Court also directed the District Educational Officers concerned to monitor the management and administration of the educational institutions within the jurisdiction of the respective Synods.
23. Today, when the matter is taken up for hearing, two memos are filed; one by Rev. C. Thankappan, Administrator of IELC Apex Body and another by Rev. A. Thangaraj, Rev. M. Wilson, Rev. Y. Muthuraj, Rev. Stephanose and Rev. Jeevaraj, Administrators of Ambur, Nagercoil and Trivandrum Synods, which read as under:
MEMO SUBMITTED BY THE ADMINISTRATOR OF IELC.
1) It is submitted that as per the direction of the High Court to regularise the registration, we approached the District Registrar of North Madras with all available documents such as Audited Statements from 1975 to 2004, members list, bye-laws and constitution and the list of office bearers from 1975. Out application was processed by the Registrar and it was returned due to insufficient documents for renewal of registration.
2. It is submitted that the Registrar of North Madras had suggested to request the Government for exemption in filing of returns stating the bona fide reasons for non-filing of returns during the past years. As per the instruction, we have sent an application to Secretary to Government, Commercial Taxes Department through the Registrar of North Madras and the I.G. of Registration by explaining the reasons for non filing of returns.
3. It is submitted that now the file is at the office of the I.G. for Registration for their recommendation to Government for granting exemption in filing of return.
4. It is humbly submitted that we came to know that normally it takes one or two months time for a file to be processed in the I.G. Office due to their heavy work load. So, we are expecting a reply from the Government to process further.
5. It is submitted that as per the direction of this Hon’ble Court, the funds being channelised to our Institutions and programmes with the help of the I.G. for Vigilance and the normal administration has been carried out during the past six months by us.
6. It is submitted that as per the Memo clause 9 – two hospitals out of three were brought under the control of administrators. One hospital named ‘Bedestha Hospital’ located at Ambur claims as separate entity by the unauthorised/illegal registration made in 1995 in the Registrar office at Vellore. This was done by a few workers in the Hospital along with the help of the then President Rev. J. Isaac Moon illegally. Hence, a direction from the Court is needed to cancel the registration of the above-said hospital so as to bring it under the control of IELC.
7. It is submitted that while administering the hospitals/institutions, we find practical difficulty to check out the retired persons those who have crossed 60 years and claiming high salaries which cause heavy loss to the institutions. They claim that the administrators are not the authorised officer/competent authority to send them out. So, now we request the Hon’ble Bench to clarify whether the administrators are authorised to relieve the retired persons. Especially, one doctor named J.C.Vijayan of Karunalaya Hospital, Wondoor, Kerala, who crossed 60 years in 2003 itself now claiming himself as a permanent doctor and doing all kinds of mischievous activities and consequently name and reputation of the hospital is getting spoiled.
Therefore, the Administrator prays that this Hon’ble Court may be pleased to accept this Memo and thus render justice.
Dated at Chennai on this the 12th day of August, 2004.
Sd/- xxx
(Rev. C. Thankappan)
Administrator of IELC
MEMO SUBMITTED BY THE ADMINISTRATORS OF AMBUR, NAGERCOIL ANDTRIVANDRUM SYNODS.
1. It is submitted that as per the direction of the Hon’ble High Court, the administration of the three synods namely, Ambur, Nagercoil and Trivandrum are being carried out smoothly by us.
2. It is submitted that the administrators of the synods are preparing the genuine members lists of the synods with the help of all the congregations and the pastors in the synods. So as to check the dual role of the members, the pastors are asked to verify and the members are asked to produce the S.S.L.C. First page to confirm as Christians and the converts are asked to notify in the Government Gazette to get membership.
3. It is submitted that the placements of the pastors in the congregations in IELC is not done by the direct appointment of transfers. The special procedure has been adopted ever since the congregations are formed. The congregation will send a ‘Divine Call’ to the pastors to serve in the congregations, on the acceptance of the call by a pastor, he will be installed for that particulars congregation. Besides, the new congregations are emerging gradually and the fresh candidates coming out with B.Th. from seminary are assigned to take care of the new congregations. But it is not an appointment. So, there are a lot of congregations suffering without pastors to take care, in such situations the administrators are assigning the fresh candidates to take care of them for the smooth running of the Church.
4. It is submitted that when the order was passed on 22.12.2004 by the Hon’ble Division Bench, the teachers ratio in the schools, was in good order. Whereas now number of teachers got retirement in the month of May, 2005 and many posts became vacant. The students are suffering without proper teachers. The other teachers find difficult to manage these classes. As a result, the quality of education is going down day by day. The requirement of the education department the vacant posts are to be filled up urgently. In this juncture, the interim administrators of each synod shall be permitted to prepare a seniority lists of each synod by calling the applications through the pastors from the candidates and finalising the seniority list without any bias and also in accordance with the constitutions and to submit it to this Hon’ble Court for approval to fill up the vacancies.
5. It is submitted that as per the order of the Hon’ble Bench dated 8.4.2005, the status quo as on 22.12.2004 has been maintained in the honorary posts of correspondents and managers with a limited powers to disburse the salaries to the teachers. Now, if the Hon’ble Court permits the administrators to prepare the seniority lists, then the appointments shall be made by the administrators along with the Correspondents/Managers.
Therefore, the Administrators pray that this Hon’ble Court may be pleased to accept the Memo filed by the Administrators and thus render justice.
Dated at Chennai this the7th day of August, 2005.
Sd/-xxxx
(Rev. A. THANGARAJ)
Administrator.
24. Concededly, even though this Court by order dated 22.12.2004 held that the IELC Apex Body and three Synods have become defunct and directed the interim Administrators to regulate the continuity of registration of the IELC Apex Body and three Synods, viz., Ambur, Trivandrum and Nagercoil Synods by registering the Constitution and the Bye-laws with the Registrar of Societies in consonance with the provisions of Tamil Nadu Societies Registration Act on or before 31.1.2005, which order has been confirmed by the Supreme Court by order dated 11.2.2005, till date no concrete steps have been taken by the Interim Administrators to register the same under the Tamil Nadu Societies Registration Act. According to the Administrator, the application for registration has been sent to the Inspector General of Registration on 18.7.2005 and the same is pending.
25. As already observed by us, there are about 101 educational institutions, such as primary schools, elementary schools, middle schools, high schools and higher secondary schools, three hospitals with two nursing institutions and vast landed properties of an extent of 440 acres carrying on many social, religious and charitable activities having transactions with the aid of State and Central Government funds and foreign donations.
26. It is obvious that even though Interim Administrators have been appointed, there is no much progress even in regulating the registration of the IELC Apex Body as well as three Synods under the provisions of Societies Registration Act. It is also seen that the administration of educational institutions as well as hospitals is getting deteriorated for want of proper administration. The functioning of the educational institutions and hospitals has to be regulated. Similarly, the salary and other service conditions of teaching staff, non-teaching staff, doctors and other staff members of the institutions and hospitals are to be regulated and effectively monitored.
27. That apart, it is also brought to our notice that taking advantage of the fact that the IELC Apex Body and three Synods have become defunct societies, third parties have usurped into their properties and tried to take control over the educational and medical institutions for their personal gain in illegal manner. Since the properties of Churches and the educational as well as medical institutions, whether under the control of the IELC Apex Body or three Synods, absolutely belong to the defunct societies, nobody can have control over the same in any manner, even under the pretext of registration of the new societies, as such registration is nothing but a nullity in the eye of law. Assuming that any thirty party has made illegal attempts to exploit the situation and take over the control of the properties and educational as well as medical institutions, they are liable to be punished in accordance with law. Therefore, it is inevitable to give an appropriate and firm direction in this regard, as otherwise the social, religious and charitable activities of the defunct societies meant for needy and innocent public would get defeated on account of illegal attempts of third parties. In such circumstances, in order to regulate the entire registration activities expeditiously and also to bring the properties and affairs and management of the churches as well as educational and medical institutions within the jurisdiction of respective Synods and the IELC Apex Body under effective control in our considered opinion, it is inevitable to appoint an independent Administrator as hereunder.
(i) As unanimously agreed by the counsel appearing for all the parties, we appoint Mr. Justice J. Kanakaraj, a retired Judge of this Court, who also incidentally happens to be a believer in Church activities, as Chief Administrator to have an effective control in the matter of administration of educational institutions as well as hospitals and properties belonging to the IELC Apex Body and three Synods.
(ii) We also appoint Mr. M.S. Palaniswamy, Advocate as Associate Administrator who shall associate the Chief Administrator in the matter of registration of Societies as well as other administrative and management activities referred to above.
(iii) The Interim Administrators already appointed for the IELC Apex Body and three Synods by order dated 22.12.2004 shall henceforth act as Advisors and they shall extend their full co-operation to the Chief Administrator and the Associate Administrator.
(iv) All financial transactions pertaining to the educational and medical institutions, including the settlement of terminal benefits to retired teachers and other staff, by the Correspondents/Managers shall henceforth be countersigned by the Associate Administrator, with the prior approval of the Chief Administrator. In such matters, the Associate Administrator is at liberty to take the advice of the Advisors, if necessary.
(v) The Registration of Societies shall be completed within six months from the date of receipt of copy of the order.
(vi) After registration of Societies, the Associate Administrator with the approval of the Chief Administrator shall finalise the list of eligible members of the Societies and submit before this Court a proposal and schedule for conducting election afresh for the IELC Apex Body and three Synods.
(vii) The entire properties, both movable and immovable, either belong to educational institutions or medical institutions specifically that of the schools, hospitals or any other charitable institutions of the defunct societies shall continue to remain with the defunct societies.
(viii) The Chief Administrator and the Associate Administrators shall henceforth administer the same directly, notwithstanding the illegal constitution of societies by some third parties with a view to usurp the properties of defunct societies, which is opposed to the provisions of the Societies Registration Act.
(xi) The Chief Administrator and the Associate Administrator shall take effective steps to cancel the registration of such illegal societies formed with mala fide intention to usurp the properties of the defunct societies and to take criminal action and also for damages against the persons concerned in the manner known to law.
(x) In such case, the statutory authorities, police and the Courts concerned shall expeditiously investigate and dispose of the matter, of course, after hearing the parties concerned, in any event, within a period of six months from the date of such complaint, in order to prevent any further damage to the properties of the defunct societies.
(xi) The existing vacancies which arose or will arise due to the retirement of teachers in educational institutions as well as staff members in other establishments shall be filled up by appointing qualified persons by the Associate Administrator in consultation with the respective Correspondents/Managers of the institutions concerned, of course, with the prior approval of the Chief Administrator and also on the advice of Advisors, if necessary, giving preference to the members of respective congregations in such appointments. It is made clear that such appointments shall be subject to the confirmation of this Court.
(xii) With regard to the administration of medical institutions, hospitals and nursing schools, the Chief Administrator and the Associate Administrator, of course, with the advice of Advisors concerned, if necessary, are at liberty to take appropriate decision to streamline the entire administration and management of medical institutions, hospitals as well as nursing schools.
(xiii) The statutory authorities are directed to extend full co-operation to the Chief Administrator as well as Associate Administrator in all activities to safeguard the interests of the institutions as well as properties.
(xiv) For secretarial assistance, it is open to the Chief Administrator as well as Associate Administrator to appoint an Officer of their choice for a monthly salary of Rs.10,000/- apart from travelling and other admissible expenses, if any.
(xv) A sum of Rs.50,000/- per month is fixed as honorarium for the Chief Administrator and a sum of Rs.40,000/- per month is fixed as honorarium for the Associate Administrator, apart from travelling and other admissible expenses, if any.
Post the matter after six months for filing interim report of the progress in the matter.