I •Vl APHC010382122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY.THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT APPEAL NO: 834 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the order dated 22.07.2025 in WP No. 18790 of 2025 on the file of the High Court. Between: 1. Bandari Suresh Babu, S/o David, aged about 53 years, R/o 36-4-1, Near ROM Church, Woodpeta, Vijayawada. 2. Indupalli Vijaya Karuna Kumar, s/o I. David, aged about 68 years, R/o 37-4-14, Nehrunagar, Vijayawada, NTR district. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by it's Principal Secretary (Minority Welfare) Secretariat buildings, Velagapudi, Amaravathi. 2. The District Collector, NTR district, Vijayawada. 3. The Commissioner of Police, Vijayawada. 4. The Tahsildar, Vijayawada Central Mandalam, Vijayawada. 5. The Church of South India, Krishna-Godavari diocese, Vijayawada, NTR district. Rep. by it's Bishop and Chairman Rt. Rev. Dr. T George Cornelius. 6. St Pauls Basilica Church, Gopalreddy Road, Vijayawada. Rep. by its Presbyter-ln-Charge Rev. Bandi Jeeva Manohar. 7. Rev Bandi Jeeva Manohar, Presbyter-ln-Charge, St. Pauls Basilica Church, Gopalreddy Road, Vijayawada. ...Respondents lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Stay of all further proceedings pursuant to the notification dated 06.05.2025 to conduct elections to the 6THrespondent Church till finalization of the voters list from the 2ND respondent, in the interest of justice. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Direct the respondents No. 5 to 7 to co-operate with the 2nd respondent by furnishing the final voters list for verification of the community as to BC-C certification, in the interest of justice. Counsel for the Petitioners: SRI J.V.PHANIDUTH Counsel for the Respondent No. 1: GP FOR SOCIAL WELFARE Counsel for the Respondent Nos. 2 and 4: GP FOR REVENUE Counsel for the Respondent No. 3: GP FOR HOME The Court made the following order: APHC010382122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No. LM-1 [3446] WRIT APPEAL NO: 834 of 2025 Bandari Suresh Babu and another ...Appellants Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Appellants Advocates for Respondents Mr. J.V.Phaniduth GP for Home & GP for Revenue CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO : 24th July 2025 DATE PC : The present Writ Appeal, under Clause 15 been preferred against the order, dated 22.07.2025 of 2025. of the Letters Patent, has , passed in W.P.No. 18790 2. The dispute revolves around the process of election to the executive committee of St. Paul’s Basilica Church/respondent No.6, which is being conducted by respondent No.6. It appears that the respondent No.6, i.e. St. Paul s Basilica Church, is a part of respondent No.5 - The Church of South India, which, it is stated, is registered as a company under the Companies Act, HCJ & RRRJ WANo.834 of 2025 1913. it appears that rules viz., the Election Rules, 2025, (in short, ‘the Rules’) have been framed for guiding the conduct of elections, which also prescribes the eligibility of voters. According to Rule ll(d) of the said Rules, the voters also the contestants are required to submit Christian Certificate issued after 05.05.2025 by the Tahsildar or TC certified by a Gazetted Officer or Service Register. as 3. The petitioners filed the writ petition apprehending that some of the voters, even when they were not Christians, were finding their names in the voters list and therefore a direction was sought to prevent such voters from voting in the election process. It was in that background that the petitioners in the petition filed before the learned single Judge questioned the inaction of the respondent Nos.5 & 6 in not deleting the names of the ineligible voters. The voting is supposed to take place on 26.07.2025. 4. On the matter coming up before the Court, the learned single Judge, by virtue of the order impugned, dated 22.07.2025, held that, in view of the Rule II (d) of the Election Rules, 2025, a BC-C certificate could be obtained from the Tahsildar or a Gazetted Officer. It was also made clear that the Tahsildar had no role in directing the Association in regard to conduct of the elections. 5. On a perusal of the Rule ll(d), it can be seen that the said rule is not specifically applicable to those categories of voters, who fall under BC-C category but ‘obliges the voters to submit their Christian Certificates’. 3 HCJ & RRRJ W.A.No.834of2025 Although learned counsel for the appellants would submit that such a certificate can be issued by the Tahsildar in terms of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993, yet on a perusal of Section 3 of the said Act, it can be seen that the said certificate can be issued in favour of any of the Scheduled Caste, Scheduled Tribe or Backward Class, who claim the benefit of reservation provided in such caste, tribe or classes for public appointment or admission into any educational institution. The said Section 3 of the Act, 1993, does not envisage the issuance of a ‘Christian Certificate’. 6. 7. The rules framed by respondent No.6 for determining the eligibility of the voters, in our opinion, are not in conformity with the obligation which otherwise casts on the Tahsildar or the authority concerned in terms of Section 3 of the Act, 1993. 8. In our opinion, the said authority i.e. the Tahsildar may not be under any legal obligation to issue any such certificate in the nature of a Christian Certificate. Even otherwise, a certificate certifying particular person to be belonging to BC-C category can be issued only in terms of Section 3 of the Act for the purposes for which it has been applied for. 9. In view of the observations made by us hereinabove, the order passed by the learned single Judge would stand modified to that extent. This Writ Appeal is, accordingly, disposed of. No costs. 4 HCJ & RRRJ WANo.834 of 2025 Consequently, connected miscellaneous applications, if any, shall stand closed. Sd/- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary (Minority Welfare), State of AP, Secretariat buildings, Velagapudi, Amaravathi. 2. The District Collector, NTR district, Vijayawada. 3. The Commissioner of Police, Vijayawada. 4. The Tahsildar, Vijayawada Central mandalam, Vijayawada. 5. The Bishop and Chairman Rt. Rev. Dr. T George Cornelius, Church of South India, Krishna-Godavari diocese, Vijayawada, NTR districtr. 6. The Presbyter-In-Charge Rev. Bandi Jeeva Manohar, St Pauls Basilica Church, Gopalreddy Road, Vijayawada. 7. One CC to Sri. J.V.Phaniduth Advocate [OPUC] 8. Two CCs to GP for Home High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] Two CCs to GP for Social Welfare High Court of Andhra Pradesh 10. [OUT] 11. Two CD Copies GSC HIGH COURT DATE0:24/07/2025 ORDER WA NO. 834 OF 2025 DISPOSING THE WA WITHOUT COSTS