IN THE HIGH COURT OF PUNJAB & HARYANA 210/1 ISSAC SAMUEL STATE OF PUNJAB AND O CORAM: Present: TRIBHUVAN DAHIYA quashing the St. Paul’s Church Committee on 21.08.2016 excluded. Further, a writ of respondent to include the petitioner’s name in the his nomination stayed the holding of elections till further orders. 2. the Committee earlier, and his name no.141, Annexure Committee on 21.08.2016, a new IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: July 02, 2026 ISSAC SAMUEL Versus OF PUNJAB AND OTHERS HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Mr. Kunal Vinayak, Advocate for the petitioner. Mr. Rishabh Singla, Assistant Advocate General, Punjab. Mr. Gurvinder Pal Singh, Advocate Mr. P.S. Khurana, Advocate for respondents no.2 and 3. TRIBHUVAN DAHIYA, J. (ORAL) The petition has been filed inter alia quashing the Electoral Roll issued by respondent St. Paul’s Church, Amritsar, for conducting elections, for members of on 21.08.2016, wherefrom the petitioner’s name was excluded. Further, a writ of mandamus has been sought directing the second respondent to include the petitioner’s name in the his nomination papers for the same. This Court vide order dated 19.08.2016 holding of elections till further orders. Learned counsel contended that the petitioner was the Committee earlier, and his name appeared no.141, Annexure P-7. However, for conducting elections to the Pastorate Committee on 21.08.2016, a new Electoral Roll IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-16911-2016 (O&M) Date of decision: July 02, 2026 ...Petitioner ...Respondents TRIBHUVAN DAHIYA Mr. Rishabh Singla, Assistant Advocate General, Punjab. Advocate for inter alia seeking a writ of certiorari issued by respondent no.2/Pastorate Committee, for conducting elections, for members of the , wherefrom the petitioner’s name was arbitrarily has been sought directing the second respondent to include the petitioner’s name in the Electoral Roll and accept This Court vide order dated 19.08.2016, holding of elections till further orders. contended that the petitioner was a member of ppeared in the voter list at serial 7. However, for conducting elections to the Pastorate Electoral Roll dated 14.08.2016, Annexure Date of decision: July 02, 2026 ...Petitioner ...Respondents certiorari /Pastorate Committee, the arbitrarily has been sought directing the second and accept , member of at serial 7. However, for conducting elections to the Pastorate , Annexure JASPREET KAUR 2026.07.08 10:32 I attest to the accuracy and integrity of this document Chandigarh CWP-16911-2016 (O&M) -2- P-17, was released, wherein the petitioner’s name was deleted without any prior notice to him or passing any order to that effect. The fact of exclusion came to his notice when he went to file the nomination papers for contesting elections as a member of the Pastorate Committee, leading to filing of the instant petition. 3. Respondents no.2 and 3 have filed a written statement taking the plea that petitioner was an elected Treasurer of the Committee and during his tenure from April, 1994 till March, 1996, he did not keep proper records and misappropriated the Church funds. According to Part-II, Chapter-II Section IV Clause 5 of the Constitution of the Church of North India, a person who is not in good standing of the Church cannot be a member also. Resultantly, his name was not included in Electoral Roll of the Church, nor could he be a member of the Pastorate Committee. 4. Learned counsel representing respondents no.2 and 3, however, is not in a position to dispute that no order deleting the petitioner’s name from the Electoral Roll was ever passed, nor were any proceedings initiated against him with regard to the alleged misappropriation of funds of the Church while he was a Treasurer. 5. Submissions made by learned counsel for the parties have been considered. 6. It remains undisputed that the petitioner’s name was on the Electoral Roll of the Church prior to the elections for the Pastorate Committee scheduled on 21.08.2016. The deletion of his name came as a bolt from the blue when he went to file the nomination papers for contesting JASPREET KAUR 2026.07.08 10:32 I attest to the accuracy and integrity of this document Chandigarh CWP-16911-2016 (O&M) -3- elections to be a member. It goes without saying that in the absence of there being any order deleting the petitioner’s name from the Electoral Roll, the respondents cannot exclude him therefrom, as it amounts to taking away his valuable right without affording any opportunity of hearing or passing any order to that effect. This is impermissible in law. Also, it has not been disputed that the facts regarding alleged misappropriation of Church funds by the petitioner were never established on the basis of any inquiry or proceedings conducted in accordance with the Principles of Natural Justice. Therefore, there is no substance in the stand taken by the respondents that the petitioner was not in good standing of the Church and could not be made its member. 7. In this view of the matter, the petition is disposed of with a direction to the respondents to include the petitioner’s name in the Electoral Roll of the Church and hold the elections to the Pastorate Committee at the earliest. 8. Pending application(s), if any, also stand(s) disposed of. July 02, 2026 (TRIBHUVAN DAHIYA) Jaspreet Kaur JUDGE  Whether speaking/reasoned : Yes/No Whether reportable : Yes/No JASPREET KAUR 2026.07.08 10:32 I attest to the accuracy and integrity of this document Chandigarh