The Assemblies of God of East India(Agei) and 8 Ors v. Nzio Ezung

JUDGMENT AND ORDER M petitioner, thereafter, submitted a representation on 19.05.2017 to the General Superintendent, AGEI, Dimapur, Nagaland justifying his act of burying the copy of the Holy Bible at the time of laying the foundation stone and also alleging violation of the principles of natural justice Thereafter, the petitioner filed a Civil Suit which was registered as Civil Suit No.3/20I7 before the Court of Civil Judge (Junior Division), Wokha challenging the communication dated 11.05.2017. During pendency of the said Civil Suit, the respondent No.1 again issued another letter dated

25.09.2018 excommunicating the petitioner from the primary membership of the Assemblies of God with effect from 25.09.2018 for defying the Constitution and Bye-Laws of the AGEI. During pendenry of the said Civil Suit, the petitioner on being advised decided to withdraw Civil Suit No.3/20t7 on 16.09.2020 in order to approach this Couft by way of a writ petition under Afticle 226 of the Constitution of India

¶3In the meantime, the respondent, namely, AGEI, filed IA No.1/2018 in the pending Civil Suit No.3/2017 praying for an appropriate direction to restrain the petitioner from acting as a Reverend or Pastor in the Assembly of God Church, Wokha Town. The said IA was disposed of on 15.02.2019 allowing the petitioner to participate in the affairs of the Church. Being aggrieved with the order dated 15.02.2019, the AGEI /n preferred WP(C) No.5BlV2019 before this Couft which was disposed of by judgment and order dated 27.05.2020 by quashing the order dated

15.02.2019 and remanding the matter back to the learned trial Court to hear the matter afresh and decide according to law. In the meantime, the petitioner filed an application for withdrawal of Civil Suit No.3/2017 and by an order dated L6.09.2020, the learned trial Court came to the conclusion that the Suit has become infructuous and accordingly Civil Suit No.3l20L7 was dismissed on withdrawal with liberty to file a fresh Suit. In the meantime, the Deputy Commissioner, Wokha issued an order dated 22.LL.20L8. In order to maintain law and order situation in the area, the Church door and Church office of AG Church, Chukitong was locked till the matter is settled amicably by the Church Members of Chukitong or by Couft of law. The representatives of AGEI, thereafter, made a representation dated 26.LL.20I8 to the Deputy Commissioner, Wokha, Nagaland requesting for unlocking of AGEI Church, Chukitong. However, as there was no response to the representation, the AGEI filed a Writ Petition, which was registered as WP(C) No.239/2019 and on L3.L2.20L9, this Court passed an interim order staying the order dated

22.LI.20t8. Thereafter, WP(C) No.239/20t9 was disposed of by order dated 10.12.2020 by which the interim order dated t3.L2.20t9 was made absolute. {r) By another order dated 0L.02.2021, the Deputy Commissioner, Wokha, Nagaland with a view to maintain law and order and peaceful atmosphere, permitted both the groups of the AGEI for making arrangements for normal worship. In the meantime, the petitioner was serued with an eviction notice issued by the Joint Secretary, AG Church, Wokha dated 18.09.2020 by which the petitioner was directed to vacate the Pastor's residence of AG Church, Wokha on or before 31.10.2020

¶4WP(C) No.133/2020 has been filed by the petitioner challenging the communication dated LL.05.20L7 suspending the petitioner's credentials and the communication dated 25.09.2018 by which the petitioner was excommunicated from the primary membership of the Assemblies of God. s. WP(C) No.159/2020 has been filed by the petitioner challenging the resolution dated 18.09.2020 as well as the eviction notice dated

18.09.2020.

¶6WP(C) No.215/2020 has been filed by the AGEI challenging the order dated L6.09.2020 passed by the learned trial Couft in Civil Misc. Case No.U2020 arising out of Civil Suit No.3/2017 by which Civil Suit No.3/2017 was dismissed as withdrawn with liberty to file afresh

¶7WP(C) No.51/2020 is filed by the AGEI challenging the order dated 0t.02.2020 issued by the Deputy Commissioner, Wokha, Nagaland by r which the respective parties of the AGEI were allowed to offer normal worship at different timings.

¶8Heard Mr. C.T. Jamir, learned Senior counsel, assisted by Mr. I. Imchen, learned counsel for the petitioner in WP(C) No.133/2020 and L5912020 as well as Mr. A. Zhimomi, learned counsel for the respondents and for the writ petitioners in WP(C) No.215/2020 and 5U2020. Also heard Mr. Moa Imchen, learned Senior Government Advocate appearing for the State respondents in WP(C) No.51/2020

¶9Mr. C.T. Jamir, learned Senior counsel for the petitioners in WP(C) No.133/2020 and 15912020 while assailing the impugned communication dated 11.05.2017 by which the credentials of the petitioner were suspended and also the communication dated 25.09.2018 by which the petitioner was excommunicated from the primary membership of the Assemblies of God, submits that no oppoftunity of hearing was granted to the petitioner thereby violating the principles of natural justice. Fufther, Afticle 11 of the Constitution and the Bye-Laws of the General Council of the AGEI makes it clear that the AGEI is affiliated to the AGI and as such Section )Ofl Paragraph C of the AGEI Constitution and Bye-Laws of the Society which is applicable to the AGEI prescribes that a fair hearing should be given to the person against whom a charge is brought to present his case. The suspension of the petitioner's credentials as a fo. Reverend and his excommunication from the membership of the AGEI has caused the petitioner immense humiliation and damage to his image and reputation in the eyes of the congregation members as well as the society. It is submitted that burying a copy of the Bible during laying of foundation stone of the AGEI was in accordance with law of Minister's Manual Vol.III which Manual has been published by Gospel Publishing House, Spring Field, Missourie, i.e., a Pentecostal Publication owned and operated by General Councils of the Assemblies of God and which Manual is applicable to the AGEI. Therefore, the petitioner while burying the Holy Bible in the foundation laying ceremony had committed no offence and without giving an oppoftunity of fair hearing, the action of the AGEI in suspending the credentials of the petitioner and excommunicating him from the primary membership is arbitrary. He also submits that burying the Holy Bible is a prevalent practice by the Church leaders and which action has not only been endorsed by the Church leaders of AGEI, Longidang and also by the respondent No.2 and the petitioner enjoys the mandates of the majority voice of congregation of the AG Church, Wokha as well as Longidang. The learned Senior counsel also submits that as the petitioner was aggrieved with suspension of his credentials by the impugned communication dated t1.05.20L7, he filed the Clvil Suit No.3/2017 challenging the same. However, during pendency of the Civil M Suit, the respondents proceeded to issue the impugned communication dated 25.09.2018 excommunicating him from the primary membership of the Assemblies of God. Fufther, the impugned action of the respondents by issuing the eviction notice dated 18.09.2020 demonstrates mala frde intention of the respondents. He submits that the eviction notice dated

18.09.2020 was received by the petitioner on 26.L0.2020. Accordingly, the petitioner made his representation against the eviction notice on

27.L0.2020 stating that suspension of the credentials of the petitioner by communication dated 11.05.2017 and the communication dated

25.09.2020 excommunicating the petitioner has been suspended by this Couft by order dated 22.09.2020 passed in WP(C) No.133/2020 Learned Senior counsel fufther submits that the respondents despite the interim order passed by this Couft are deliberately trying to victimize the petitioner by way of the said eviction notice dated

18.09.2020 which was furnished to the petitioner only on 26.L0.2020. In that view of the matter, learned Senior counsel submits that the impugned communication dated 11.05.2017 by which the credentials of the petitioner were suspended and the impugned communication dated

25.09.2018 by which the petitioner was excommunicated from the primary membership of the Assemblies of God and the eviction notice dated 18.09.2020 should be set aside and quashed and the petitioner be permitted to function as a Reverend without any hindrance.

¶10Mr. Zhimomi, learned counsel for respondent Nos.1 and 2 in WP(C) No.133/2020 and L5912020 while questioning the maintainability of the writ petition submits that the petitioner had filed Civil Suit No.3l20l7 challenging the communication dated tt.05.20L7 suspending his credentials as ordained Minister. The petitioner's credentials were suspended for a period of one year on account of his unscriptural practice in burying the Holy Bible. During filing of Civil Suit No.3/2017, the petitioner obtained an ad interim order on 03.08.2017. However, the said ad interim order was vacated on objections being filed by the respondents by an order dated 06.09.2017. Against the order dated

06.09.2017, the petitioner filed an Appeal in the Couft of learned District and Sessions Judge, Wokha which was however rejected by order dated

23.02.2018. Against the order dated 23.02.20L8, the petitioner filed WP(C) No.58(K)/2018 which was disposed of by order dated 14.09.2018 wherein this Court held that it is the mother Church which is to decide who is fit to be a Reverend or not. Thereafter, the petitioner continued with his defiance of the AGEI. Therefore, the AGEI it its meeting held on

25.09.2018 decided to excommunicate the petitioner which was communicated to him on 25.09.2018. L2

¶11In spite of his excommunication, the petitioner continued his disruptive activities in the AG Church, Wokha Town and, therefore, the respondents filed the Civil Misc. Case No. 0U2018 in the Couft of the Civil Judge fiunior) Division, Wokha, praying for appropriate action against the petitioner. By order dated L4-L2-20L8, passed in the said Civil Misc. Case No. 0t120I8, the petitioner was restrained to act as Reverend and ministering the AG Church, Wokha Town. The petitioner was further restrained from entering into the AG Church, Wokha Town. However, by order dated L5-02-20L9, passed in Civil Misc. Case No. 01/2018, the petitioner was effectively allowed to pafticipate in the affairs of the Church. Therefore, the respondents filed the writ petition, which was numbered as WP(C) No. 58(K)12019, challenging the order dated 15-02-20L9, passed in the Civil Misc. Case No. 0U2018. The said writ petition was disposed of by order dated 27-05-2020, setting aside and quashing of the order dated 15-02-2019 and remanding the application filed by the respondents to the trial Court. Thereafter, the petitioner filed an application under Order XXIII Rule 1(3) of the CPC, read with Section 151 of the CPC for withdrawal of the Civil Suit No. 03/2017. The respondents filed their objections. However, by order dated L6-09-2020, the petitioner was allowed to withdraw the Civil Suit No. 312019 with liberty to file afresh fh l-2. The learned counsel for the respondents submits that in the programme held on 08-05-20L6, the action of the petitioner resulted in the division of the AG Church, Chukitong and therefore the action of the respondents in suspending the credentials of the petitioner and excommunicating him is not malafide and discriminatory. The learned counsel for the respondents also submits that the letters dated 11-05-2017 and 25-09-2018 do not suffer from any constitutional or legal infirmity and the instant petition filed by the petitioner is an attempt to persuade this couft to intefere in matters of faith, more pafticularly, the doctrines, which are not the subject for this Court to adjudicate upon and accordingly, the writ petition being misconceived is liable to be dismissed.

¶13This court has considered the 'Minister's Manual', relied upon by the petitioner to be applicable to AGEI, which is annexed to the writ petition as Annexure-l. This Couft has also considered the Manual of the AGEI as well as the relevant poftion of the same relating to the Cornerstone Laying, which has been relied upon by the respo4dents and annexed to the counter affidavit as Annexure-K. However, considering the issue involved in the present writ petition, this Couft is not entering into the controversy as to which Manual is applicable to the AGEI. L4. The minutes of the meeting of the Executive Committee of the AGEI, held on 10-05-2017 has been considered by this Couft. A perusal fu) of the same indicates that in the said meeting, the petitioner was not given an opportunity of hearing. Further, a perusal of the communication dated 11-05-2017 by which the credential of the petitioner was suspended, and the communication dated 25-09-2018 by which the petitioner was excommunicated from the membership of the Assemblies of God also indicates that both the communications dated LL-05-20L7 and 25-09-2018 were issued without giving any oppoftunity of hearing to the petitioner. 1s. The dispute between the pafties has caused wide ramification amongst the believers of AG Church, Wokha Town. The communication dated 11-05-2017 by which the credential of the petitioner was suspended, and the communication dated 25-09-2018 by which the petitioner was excommunicated from the membership of the Assembly of God, clearly demonstrate that the petitioner was never given any opportunity of being heard. The aforesaid two communications were issued behind the back of the petitioner by violating the principle of natural justice and, therefore, this Court is of the considered opinion that an oppoftunity of hearing should be granted to the petitioner before the AGEI takes any step against the petitioner.

¶16Accordingly, the communication dated 11-05-2017, bY which the credential of the petitioner was suspended, and the communication dated 25-09-2018, by which the petitioner was excommunicated are hereby set aside and quashed. However, the respondents are given the libefi to proceed against the petitioner, if so advised, after giving oppoftunity of hearing to the petitioner. Till such time, the directions issued by the Deputy Commissioner, Wokha Town, allowing different worship slot to the parties by order dated 0I-02-2020 shall continue tt. It is also made clear that if any notice is issued by the respondents to the petitioner for hearing, the petitioner shall cooperate and appear before AGEI as and when called upon to do so. Till a final conclusion is made after hearing the petitioner, the eviction notice dated 18-09-2020 shall also remain suspended.

¶18This Couft hope and trust that both the disputing pafties would resolve the dispute in Christian spirit of forgive and forget keeping in mind the wide ramification caused on the believers and followers of the AG Church, Wokha Town

¶19With the aforesaid directions the writ petition stands disposed of JUDqD prSTzpaul

i' IN TIIE GAUHATI HIGII COURT oHE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) WRIII! PEIIIIIIION (C) NO.133 OF'2O2O NZIO EZUNG R/O GB HOUSE NO.118, W/g-CC,CHURCH COLONY, WOKHA, NAGALAND Petitioner VERSUS THE GENERAL SECRETARY, THE ASSEMBLTES OF GOD OF EAST rND|A(AGEr), BANK COLONY, DIMAPUR, NAGALAND. REV. MOSES MURRY GEN ERAL SUPERINTEN DENT THE ASSEMBLTES OF GOD OF EAST rND|A(AGEr) P.O. BOX NO.165 DIMAPUR NAGALAND. --- Respondents. For the petitioners :: Mr. C.T. Jamir, Sr. Advocate Mr. Wati Jamir, Advocate. For the respondents :: Mr. A Zhimomi, Advocate Mr. lmti Longjem, Esther, Lhousino Advocates. WRIT PETITION (C) NO.51 OF 2O2O 1. ASSEMBLIES OF GOD OF EAST INDIA REPRESENTED BY ITS GENERAL SUPERINTENDENT REV. MOSES MURRY BETHESDA HR. SEC. SCHOOL WALFORD COLONY DIMAPUR NAGALAND. MHAO JAM| PASTOR R/O CHUKTTONG TOWN 2/s DISTRICT - WOKHA NAGALAND 3: R. NRIBEMO KIKON R/O CHUKITONG WOKHA TOWN DIST - WOKHA NAGALAND LOMONGO KrKON R/O CHUKTTONG TOWN DISTRICT - WOKHA NAGALAND. --- Petitioners. VERSUS THE STATE OF NAGALAND. REPRESENTED BY THE COMMISSIONER GOVT. OF NAGALAND KOHIMA NAGALAND. THE DEPUTY COMMISSIONER, DISTRICT - WOKHA NAGALAND. 7. 2. 4. /)^ SHRI. EZANBEMO NGULLIE R/O CHUKITONG TOWN WOKHA NAGALAND Respondents. For the petitioners :: Mr. A Zhimomi, Advocate Mr. lmti Longjem, Esther, Lhousino Advocates For the respondents Mr. C.T. Jamir, Sr. Advocate Mr. Wati Jamir W.RIT PEIIIIIT'ION (C) NO.215 OX'2O2O THE ASSEMBLTES OF GOD OF EAST rND|A(AGEr) BANK COLONY DIMAPUR -797TI2 NAGALAND REPRESENTED BY ITS GENERAL SECRETARY R. SANGA KEIVOM REV. MOSES MURRY GENERAL SUPERTNTENDENT R/O P.O BOX - L76. DIMAPUR NAGALAND. REV. M.S.NONGREM ASST. GEN. SUPERINTENDENT C/O IMMANUAL A.G. CHURCH NONDEIN NEW NONGSTOIN MEGHALAYA REV. R. SANGA KETVOM GENERAL SECRETARY C/O MANJA A.G. CHURCH D.M ROAD KARBIANGLONG ASSAM. REV. DR. L.H.JACKY SIMTE GENERAL TREASURER RESIDING NEAR YOUNG LEARNERS SCHOOL RANKAI ROAD CHURCHANDPUR MANIPUR. REV. DILIP DEBBARMA MEMBER R/O KATATUTMA A.G. CHURCH P.O. KATALUBUA P.S. SALEMA KEMALPUR DHALAITRIPURA. REV. SANGBOI KHANGSAI MEMBER R/O HONJANG A.G CHURCH B.P.O TOLLEN P.O. CHURACHANDPUR MANIPUR. REV. ZAMSLANLDA MEMBER R/O JEHOVA SHALON A.G 4/5 CHURCH H/NO.YD-06 CHALTLANG AIZAWAL MIZORAM. 9. REV. VISHE SEMY ACTING SUPERINTENDENT NAGALAND DTSTR|CT COUNCTL C/O GRACE A.G.CHURCH DIPHUPAR .8, DIMAPUR NAGALAND --- Petitioners. VERSUS NZ|O EZUNG R/O GB HOUSE NO. 118 W/O-C.C CHURCH COLONY WOKHA NAGALAND. --- Respondents. 4. 8. 1. For the petitioners :: Mr. A Zhimomi, Advocate Mr. lmti Longjem, Esther, Lhousino For the respondents Mr. C.T. Jamir, Sr. Advocate Mr. WatiJamir WRIII! PEIIIIIIIION (C) NO.159 OF'2O2O NZIO EZUNG R/O GB H/NO. 118 W9-CC CHURCH COLONY, WOKHA NAGALANT) --- Petitioner. VERSUS THE GENERAL SECRETARY THE ASSEMBLTES OF GOD OF EAST rND|A(AGEr) BANK COLONY DIMAPUR NAGALAND. REV. MOSES MURRY GENERAL SUPERINTENDENT THE ASSEMBLTES OF GOD OF EAST rNDrA(AGEr) P.O. BOX NO.116 DIMAPUR NAGALAND. zuMcHro KtKoN JorNT SECRETARY ASSEMBLy OF GOD(AG) CHURCH WOKHA TOWN NAGALAND. CHURCH BOARD OF AG CHURCH WOKHA TOWN c/o zuMCHto KrKoN JotNT SECRETARY ASSEMBLy OF GOD(AG) CHURCH WOKHATOWN NAGALAND. --- Respondents. For the petitioners :: Mr. C.T. Jamir, Sr. Advocate Mr. Wati Jamir Advocate. For the respondents :: Mr. A Zhimomi, Advocate Mr. lmti Longjem, Esther, Lhousino, Advocates BEF'ORE IIOIV'BLE MR. JUSIIIICE LANUSI]NGKIIM JAMIR Date of hearing :: 2O.O9.2O22 3. 4. Date of judgment:: 22,12.2023 n All the four writ petitions being interconnected are being disposed of by this common judgment and order. 2. The petitioner in WP(C) No.133/2020 and WP(C) No.159/2020 is a Member of the Assemblies of God of East India (AGEI, in short), which is a Society registered under the Societies Ad, Nagaland with its headquafter at Dimapur, Nagaland. The petitioner was ordained as a Reverend on 25.01.1995 and serued at Assembly of God (AG) Church, Wokha. During a foundation laying ceremony at AG Church, N. Longidang, Wokha district on