IRM vs GBC - Court Case Update (2)

TO THE HON'BLE MR. SAMIR KUMAR MOOKHERJEE, Acting Chief Justice And His Companion Justices of the said Hon'ble Court

The humble petition of the plaintiff/petitioners above named, most respectfully:

1) His Divine Grace A. C. Bhaktivedanta Swami Prabhupada (hereinafter referred to by his spiritual title, Srila Prabhupada) founded the International Society for Krishna Consciousness (hereinafter referred to as ISKCON) in 1966. He physically expired on November 14th, 1977, at the age of 81. ISKCON was started by Srila Prabhupada to spread Gaudiya Vaishnavism (vaishnavism that accepts Chaitanya Mahaprabhu as an 'avatar' of Lord Krishna) all over the world.

2) The main teachings of Srila Prabhupada are in writing and are contained in volumes of books written by him and directives given by him from time to time which are supreme and mandatory to be followed by all members of ISKCON.

3) To assist with the management of ISKCON Srila Prabhupada set up a Governing Body Commission (hereinafter referred to as the GBC) as early as 1970. The exact parameters for management of ISKCON by the GBC were set down in the official terms of reference for the GBC, which were approved by Srila Prabhupada himself at the 1975 annual general meeting of ISKCON.

The annual meeting of GBC is held every year by the GBC at the ISKCON headquarters in Mayapur, West Bengal. The parameters laid down by Srila Prabhupada are set out in the GBC Resolution No. 1 of the annual meeting of 1975 and are reproduced below :-

"The GBC has been established by His Divine Grace A.C. Bhaktivedanta Swami Prabhupada to represent Him in carrying out the responsibility of managing the International Society for Krishna Consciousness of which He is the Founder-Acharya and supreme authority. The GBC accepts as its life and soul His divine instructions and recognises that it is completely dependent on His mercy in all respects. The GBC has no other function or purpose other than to execute the instructions so kindly given by His Divine Grace and preserve and spread His Teachings to the world in their pure form."

4) That the GBC will also have the authority for managing the ISKCON, strictly in the manner mentioned above, is further laid down very clearly in Srila Prabhupada's 'Last Will and Testament', dated 4th June, 1977.

The first 2 statements of the will go to confirm that the GBC body must continue to manage ISKCON permanently in exactly the same manner that was established by Srila Prabhupada during his physical presence. These key defining opening statements are set out below:

The Governing Body Commission (GBC) will be the ultimate managing authority of the entire International Society for Krishna Consciousness.

Each temple will be an ISKCON property and will be managed by three executive directors. The system of management will continue as it is now and there is no need of any change. Srila Prabhupada's Last Will dated June 4, 1977 and Testament and the codicil dated November 5, 1977, are both registered with the Registrar of Assurance, Mathura.

5) On 9th July, 1977 Srila Prabhupada issued an institutional directive to all the members of the GBC and temple presidents of ISKCON, setting out a policy to be implemented in ISKCON from that point onwards and the relevant extracts are reproduced below :-

"To All Temple Presidents and GBC's

Please accept my humble obeisances at your feet. Recently when all of the GBC members were with His Divine Grace in Vrndavana, Srila Prabhupada indicated that soon He would appoint some of His senior disciples to act as "ritvik-representative of the acharya, for the purpose of performing initiations, both first initiation and second initiation. His Divine Grace has so far given a list of eleven disciples who will act in that capacity:

1. His Holiness Kirtanananda Swami
2. His Holiness Satsvarupa dasa Gosvami
3. His Holiness Jayapataka Swami
4. His Holiness Tamal Krishna Gosvami
5. His Holiness Hrdayananda Gosvami
6. His Holiness Bhavananda Gosvami
7. His Holiness Hamsaduta Swami
8. His Holiness Ramesvara Swami
9. His Holiness Harikesa Swami
10. His Grace Bhagavan dasa adhikari
11. His Grace Jayatirtha dasa adhikari

In the past Temple Presidents have written to Srila Prabhupada recommending a particular devotee's initiation. Now that Srila Prabhupada has named these representatives, Temple Presidents may henceforward send recommendation for first and second initiation to whichever of these eleven representatives are nearest their temple. After considering the recommendation, these representatives may accept the devotee as an initiated disciple of Srila Prabhupada by giving a spiritual name, or in the case of second initiation, by chanting on the Gayatri thread, just as Srila Prabhupada has done. The newly initiated devotees are disciples of His Divine Grace A.C. Bhaktivedanta Swami Prabhupada, the above eleven senior devotees acting as His representative. After the Temple President receives a letter from these representatives giving the spiritual name or the thread, he can perform the fire yajna in the temple as was being done before. The name of a newly initiated disciple sh be sent by the representative who has accepted him or her to Srila Prabhupada, to be included in His Divine Grace's "Initiated Disciples" book.

Hoping this finds you all well.

Your servant,
Tamal Krishna Gosvami
Secretary to Srila Prabhupada

Approved: A.C. Bhaktivedanta Swami"
[Srila Prabhupada's signature appears on the original]

6) The aforesaid 11 representatives, who were disciples of Srila Prabhupada were appointed as ritviks by Srila Prabhupada, to administer the formalities of diksa to and initiate new disciples of Srila Prabhupada. The persons who would thus be initiated, were supposed to have their names entered in the book of Srila Prabhupada's initiated disciples maintained by the Secretary of Srila Prabhupada. In fact the above directive simply formalised, with some amendments, the practice of administering diksha by a chosen representative of Srila Prabhupada that had been common in ISKCON for many years. Srila Prabhupada formalised this practice in writing shortly before his imminent departure for ensuring that it became enshrined as the official policy for the whole movement to follow under the management of the GBC.

7) That it was Srila Prabhupada's desire that the above directive should be implemented in ISKCON permanently is evidenced by another clause in the will, which is set out below :-

"The executive directors who have herein been designated are appointed for life. In the event of death or failure to act for any reason of any of the said directors, a successor director or directors may be appointed by the remaining directors, provided the new director is MY INITIATED DISCIPLE following strictly all the rules and regulations of the International Society for Krishna Consciousness as detailed in my books, and provided that there are never less than three (3) or more than five (5) executive directors acting at one time."

8) The books of Srila Prabhupada which contain the main 'teachings' and 'instructions' that need to be 'executed and 'preserved' by the GBC body, also make specific reference to the system set out in the directive, as given below:

"Due to the necessity of these activities, we do not immediately initiate disciples in the ISKCON. For six months, a candidate for initiation must first attend arati and classes in the sastras, practice the regulative principles and associate with other devotees. When one is actually advanced in the purascarya-vidhi, he is recommended by the local temple president for initiation. It is not that anyone can be suddenly initiated without meeting the requirements. When one is further advanced by chanting the Hare Krishna mantra sixteen rounds daily, following the regulative principles and attending classes, he receives the sacred thread (brahminical recognition) after the second six months."
(C.c. Madhya lila 15:108)

This is the system of initiation, that was in place in ISKCON during Srila Prabhupada's presence, and which was formalised in the directive. The books written by Srila Prabhupada constitute the 'law-books' for ISKCON, to be followed at all times.

9) That Srila Prabhupada will be the sole and initiating guru and all initiation should be in his name and on his behalf and all disciples will be his, became the fundamental concept essential for maintaining integration of the International Society for Krishna Consciousness as an institution and to prevent de-stabilisation thereof. The said fundamental concept is binding on all members of ISKCON and GBC.

10) After the physical demise of Srila Prabhupada, the 11 aforementioned representatives, who were also members of GBC, without any authority, and in breach of their terms of reference as GBC's as detailed above, purported to assume the role of initiating guru and described themselves as acharyas. The said 11 representatives converted themselves into 11 acharyas and started initiating new people as their own disciples and not as disciples of Srila Prabhupada.

11) The newly initiated members of ISKCON have thus become disciples of different persons, which is not only a violation of the will and desire of the supreme authority and founder of ISKCON, Srila Prabhupada, but has had the effect of causing the disintegration of Krishna movement initiated by ISKCON.

12) Out of the original 11 ritviks appointed by Srila Prabhupada, only four are still members of International Society for Krishna Consciousness.

13) The ritviks appointed by Srila Prabhupada who were also members of GBC at the meeting of GBC held on 1987 participated and passed resolutions, whereby they unauthorisedly created a mechanism for making new diksa gurus in ISKCON

"Year 1987, Resolution No. 72. :

That a devotee may serve as a guru in ISKCON after receiving majority approval by a council consisting of all the GBC members of his zone and at least ten senior devotees in that zone. This group of devotees should apply the criteria for gurus recommended in accordance with Srila Prabhupada's books and by the GBC body in its codes, guidelines and rules.
(Amended on page 152 by resolution number 18 on April 4 1987)"

14) By the aforesaid resolution, a devotee could become 'initiating guru' by gathering a few votes and accordingly there came to be more than 70 members of International Society for Krishna Consciousness who currently profess and claim to be initiating gurus and have started to have their own disciples.

15) By reason of the aforesaid wrongful acts, the Guru system continued to be wrongfully developed and number of 'gurus' increased. ISKCON as an institution is suffering serious prejudice and loss of growth. Membership of ISKCON has now fallen as was noted by Harper Collins dictionary of Religion:

"Abhay Charan De (1896-1977) arrived in New York in 1965 to teach devotion to Krishna and founded ISKCON, popularly known as the Hare Krishna movement. He attracted young Americans to Krishna devotion, established urban temples, vegetarian restaurants, and several rural communes. The most prominent is New Vrindaban in West Virginia [...] After his death, a group of gurus from among his American followers assumed leadership, each with responsibility for a geographical area. Division, litigation, expulsions, and scandal have reduced the core membership to below two thousand and stifled new initiations. ISKCON attracts some Asian-Indian Hindus to their temples and festivals, with the result that American converts of the late 1960's and 1970's now serve as religious specialists for a predominantly Asian-Indian clientele."

16) The continuing degeneration of the so called 'gurus' drew protest from eminent members of International Society for Krishna Consciousness including Jayadvaita Maharaj an American national and editor of International Society for Krishna Consciousness world-wide magazine "Back to Godhead". In his paper to the ISKCON members brought out openly the following facts in the guru system:

17) Further it is pertinent to note that in a 'Message' dated 2nd March, Gaura Purnima, 1999 issued by the GBC it is stated interalia as follows acknowledging its failure:

"Srila Prabhupada established ISKCON in 1966, and prior to his disappearance in November 1977, he stated in his will that the GBC is "the ultimate managerial authority" for the Society. Unfortunately, shortly after Srila Prabhupada's disappearance, the GBC allowed for an unauthorized "zonal acharya" system to evolve in ISKCON, elevating eleven devotees to the positions of exclusive successor diksa gurus.

ISKCON leaders at the time then introduced the concept that ISKCON diksa gurus were mahabhagavatas and the only current links to Srila Prabhupada and the disciplic succession. In the process of expanding the movement, some ISKCON diksa gurus who had been practicing vairagya vidya, began living opulently, accumulating property, wealth, disciples and prestige far beyond the necessities for effective preaching.

In their overemphasis on diksa gurus, Srila Prabhupada's disciples and followers failed in various ways to properly establish and sustain Srila Prabhupada's unique role and personal relationship with all ISKCON devotees as the Founder-Acharya and pre-eminent siksa guru in ISKCON; ISKCON leaders failed to also properly establish the importance and role of siksa gurus in ISKCON. The authority and resources of the GBC Body were minimized by the exaggerated prominence of ISKCON diksa gurus, resulting in a fragmented ISKCON composed of many guru-zones instead of a united ISKCON movement under the auspices of the GBC Body.

Despite warnings by Pradyumna Prabhu and others, for many years the Governing Body Commission, being weakened due to the Zonal Acharya deviation, failed to correct these errors to the detriment of many ISKCON members. Pradyumna Prabhu had written in 1978: "Many of us here, older Godbrothers, are very concerned in two ways-

1) that the 11 gurus not having been appointed to the position of acharya and for which they are unqualified both by 

a. the insufficient knowledge of sastra and 

b. the incomplete realization of Krsna consciousness, 

are accepting worship on that level, and this may lead to anomalies in the society and personally, because of lack of complete detachment in atmajnana, to a buildup of pride and subsequent falldown, and -

2) that the united society ISKCON, because of illegal division and control by a few members instead of the joint GBC, will become broken up in separate societies and the unified preaching effort very much hindered."

Despite these and other warnings, for many years the Governing Body Commission proved unable to correct these errors. As flaws in the system surfaced and many of the Zonal Acharyas left ISKCON, the GBC Body finally undertook serious reforms to correct the Zonal Acharya deviation. In spite of that, our society still continues to be affected by the misunderstandings of that system.

As humble followers of His Divine Grace A.C. Bhaktivedanta Swami Prabhupada, it is the GBC Body's duty to execute his will to the best of our ability as we collectively understand it. During Srila Prabhupada's physical presence, he simultaneously empowered the GBC Body and guided us when we erred. We continue to pray for his guidance and feel it is his will that we now correct the misunderstandings of the past. Thus, the GBC Body, both individually and collectively, wishes to express its deepest apologies to, and beg the forgiveness of Srila Prabhupada, as well as the followers of Srila Prabhupada who were offended or hurt by our past decisions resulting in the excesses and abuses of the zonal acharya system and its ongoing ramifications."

18) The resentment against initiating Guru System grew amongst the members of ISKCON and protests were raised from different quarters of ISKCON all over the world. These protests spread over the years culminated in the formation of a reform movement in the name of ISKCON Reform Group (IRM) to restore Srila Prabhupada as the sole initiating spiritual master of the movement as per the July 9th directive in the name of ISKCON Reform Group (IRM). The plaintiffs are some of the numerous members of this IRM opposing on principle the new Guru system developed in deviation from the directives of Srila Prabhupada.

19) Members of ISKCON, who are purporting to act as initiating Gurus gradually assumed control of the GBC and through GBC started taking intimidating actions and resolutions against the members of ISKCON protesting against Guru System. The following motivated resolution was passed by GBC on March, 1990 :

"Posthumous ritvik doctrine :
The doctrine that Srila Prabhupada continues to initiate direct diksa disciples after his departure from this world through officiating priests (rtviks) is a dangerous philosophical deviation. It is totally prohibited in ISKCON. No devotee shall participate in such posthumous rtvik initiation ceremonies in any capacity including acting as rtvik, initiate, assistant, organizer, or financier. No ISKCON devotee shall advocate or support its practice".

20) Such actions and resolutions by the GBC are designed to penalise and bring about expulsion of the plaintiffs from ISKCON for advocating the concept as laid down by Srila Prabhupada. The said purported Resolutions of GBC are contrary to the concept as laid down by Srila Prabhupada and is beyond its authority and void.

21) In the year 1993, GBC was registered as a Society under West Bengal Societies Act, 1961 having its Head Office at Mayapur, Nadia, West Bengal.

The main objective of the GBC Society is to direct and guide the constituent societies of International Society for Krishna Consciousness in pursuance of the directions of His Divine Grace A. C. Bhaktivedanta Swami Prabhupada.

22) Being irked and annoyed by such legitimate protestations of your petitioner, the GBC, in abuse of its power and authority vested in it by Srila Prabhupada, passed various purported resolutions on 14th February 1999, under the title 'Resolutions concerning the doctrine of Rtviksm' purporting to annul/reject the doctrine of 'ritvikism' and purporting to resolve, inter alia, as follows:

"2. The GBC reaffirms strongly its resolution of 1990 entitled "Prohibition Order Against the Posthumous ritvik Theory."

3. ISKCON Law 6.4.7.2 (8.5.7.2) is hereby amended to read as follows:

6.4.7.2 "ritvikism" AKA "Posthumous Rtvik Theory," "Post-samadhi-ritvik Theory," "Proxy Initiation Theory," "No Change Theory," etc.

The doctrine that Srila Prabhupada desired to continue to act as diksa guru after his departure from this world and did not desire any of his disciples to give diksa in succession after him is a dangerous philosophical deviation. ritvikism directly goes against the principle of parampara itself (of successive diksa and siksa gurus), which sustains the pure teachings and practices of Krishna consciousness. This principle has been established by Krishna and is upheld by all Vaisnava acaryas. Indeed, it is accepted by all followers of Vedic culture. ritvikism is thus an extreme deviation. It is utterly erroneous to espouse it, deluding and misguiding to teach it, and blasphemous to attribute it to Srila Prabhupada. No one who espouses, teaches supports in any way, or practices ritvikism can be a member in good standing of International Society for Krishna Consciousness".

23) Further being irked by the legitimate protestations of your petitioners, another set of resolution under the title 'Resolutions concerning enforcement of ISKCON law regarding rtviksm' purporting to take disciplinary action against the members who advocated representational system of initiation and purporting to resolve, inter alia, as follows :

"In consideration of the above findings the individuals Adridharana dasa, Sattvik Dasa, Madhu Pandit Dasa, Cancalpati Dasa and Navayogendra Swami, as above listed, members of ISKCON India, are hereby deemed as unfit to be members of ISKCON India unless the Executive Committee of the GBC deems them rectified sufficiently to remain as ISKCON members and issues a written statement to that effect.

The GBC hereby by a 2/3 vote, in accordance with GBC Rules of Order, empowers the GBC Executive Committee to censure, put on probation, suspend or expel from ISKCON and its affiliates the above mentioned seven devotees both as members and as officers, as it deems appropriate and warranted without the necessity of further authorization from the GBC. The act of the EC in this regard shall carry the same effect and power as if taken by the whole Governing Body Commission.

The GBC hereby places Adridharan dasa, Madhu Pandit dasa and Navayogendra Swami on probation as ISKCON Branch Managers/Temple Presidents and Sattvik dasa, Cancalapati dasa on probation as Vice-Presidents of branches. The GBC Executive Committee is hereby enjoined to establish by March 31, 1999 the conditions of rectification and probation for this year."

24) A part of the text of the Resolution as set out in the preceding paragraphs has been received by and communicated to the plaintiff through E-Mail sent by the Chairman of GBC to the Temple of International Society for Krishna Consciousness, Albert Road, Calcutta within the aforesaid jurisdiction. Through internet system, GBC has circulated amongst all the temples and devotees of International Society for Krishna Consciousness a text of the said Resolution dated 14th February, 1999 which, however, is at variance from what have been received through E-Mail. All the temples of ISKCON all over the World have got access to the Internet system. Your petitioners at the temple of ISKCON, Albert Road, Calcutta, within the jurisdiction aforesaid, received the communication and text of the said Resolution dated 14th February, 1999 also through Internet system maintained at the Temple on Albert Road, Calcutta within the aforesaid jurisdiction.

25) The impugned Resolution dated 14th February, 1999 have become effective on its publication and impact and effect thereof is felt at all the temples of International Society for Krishna Consciousness including the Temple at Albert Road, Calcutta within the aforesaid jurisdiction.

Your petitioners Nos. 1 & 4 are attached to and have office at the premises of the Temple at Albert Road, Calcutta, within the aforesaid jurisdiction.

26) The text of the said Resolution dated 14th February, 1999 sent through E-Mail and communicated through Inter-net system being at variance, it is necessary to inspect the minutes of the meeting of GBC held on 14th February, 1999 and to get an extract of the Resolution as may have been recorded in the minutes book of GBC. In spite of requests made by your petitioners and assurance given by the Chairman of the GBC, the extract of the Resolution, if any recorded in the minutes book of GBC, has not yet been furnished to your petitioners. Your petitioners have reason to apprehend and believe that the members of the GBC will change and manipulate the minute book of GBC to suit their convenience.

27) The aforesaid Resolutions are contrary to the directives on initiation of Srila Prabhupada and are invalid and void on interalia the following :

GROUNDS

a. Under the said July 9, 1977 directive, GBC is bound by the directions as laid down by Srila Prabhupada in the matter of initiation. The system of Rittvik has been laid down by Srila Prabhupada. ritviks are to act as representatives of Srila Prabhupada for initiating disciples for Srila Prabhupada. 

b. GBC is purporting to penalise and bring about expulsion of members from ISKCON for advocating the concept as laid down by Srila Prabhupada. The said purported Resolution of GBC is contrary to the instructions as laid down by Srila Prabhupada and is beyond the authority and void.

c. The said impugned resolution is ultravires of the Memorandum of Association of ISKCON Governing Body commission Society.

d. The defendants are trying to perpetuate their control and dominance by seeking to abolish the system of using ritviks on behalf of Srila Prabhupada.

e. By seeking to abolish the system of ritviks to act on behalf of Srila Prabhupada, the defendants are trying to gain exclusive control of the society through the process of initiation in gross departure from the July 9, 1977 directive which was also the practice followed in the past during the life time of Srila Prabhupada.

28) Further and additionally, the ISKCON Governing Body Commission cannot at law or in equity purport to decide that members of ISKCON who are not members of ISKCON Governing Body Commission are unfit to be members of the ISKCON, more so, without even giving an audience to your petitioners before taking such purported decision. The cardinal principles of natural justice, i.e. audi altarem partem and nemo judex in sua causa have been in their entirety by the defendants. By reasons of the aforesaid also, the impugned resolutions are bad.

29) The impugned resolutions are wrongful and unlawful and your petitioners claim a declaration to that effect.

30) The impugned resolutions and/or the written instruments containing the same are void and/or voidable as against your petitioners and followers of Srila Prabhupada and if left outstanding, the same will cause serious injury to your petitioners and ISKCON movement as a whole. In the premises, your petitioners claim a decree adjudging the said resolutions and the said written instruments containing the same void and/or voidable being contrary to the directives of Srila Prabhupada and for delivery up and cancellation of the same.

31) Your petitioners are entitled to a legal character that they continue to be members of ISKCON and the defendants have denied (Resolution 4B of annexure marked 'F') and are interested to further deny such legal character. In the premises your petitioner claim a declaration in that regard.

32) Your petitioners have the right to continue to be members of the ISKCON and the defendants have a corresponding obligation to continue to recognise your petitioners as members of the ISKCON. The defendants have breached such obligation of theirs and have invaded and threaten to further invade the aforesaid right of your petitioners. There exists no standard for ascertaining the actual damage caused or likely to be caused by such invasion and compensation in money would not afford adequate relief. Injunction is also necessary to prevent multiplicity of judicial proceeding.

33) The defendants by purporting to act as initiating Gurus are acting contrary to the concept of law as laid down by Srila Prabhupada and are thereby interfering with the concept of Vaishnavism as preached by Srila Prabhupada which is binding on all the members of ISKCON. By those process, the said defendants are invading into stability and growth of ISKCON and they should be restrained from doing so. Injunction is necessary for the sake of preservation of stability, growth of ISKCON and /or protecting and preserving its assets and properties. Injunction is necessary to prevent multiplicity of judicial proceedings.

34) The defendants are invading and / or threatening to invade the basic structure and system of conducting initiation in the ISKCON movement as set down by its founder acharya Srila Prabhupada. The invasion is such that compensation by money will not afford adequate relief.

35) The defendants are illegally holding themselves as initiating gurus and as such invading the concept of Vaishnavism as directed by Srila Prabhupada with regard to initiation and the invasion is such that compensation by money will not afford adequately. In the process the defendants are trying to exercise control over the lives of the newly initiated disciples of International Society for Krishna Consciousness movement by preventing the new members from understanding and / or learning the directive of Srila Prabhupada specifically with regard to initiation. The defendants are actively propagating against the concept laid down for initiation by Srila Prabhupada.

36) The GBC has erroneously created the term 'ritvikism' and has given it a status of a philosophical doctrine. The word 'ritvikism' was never used by Srila Prabhupada. But the system of ritvik is simply a representational system of managing initiation in ISKCON. A management system is misrepresented as a philosophical doctrine so as to mislead the innocent followers from the crystal clear July 9th 1977 management directive of Srila Prabhupada. Official journal called ISKCON Journal Volume-I, 1990 carries an article by Tamal Krishna Goswami, the secretary of Srila Prabhupada in which he acknowledged that there was never any appointment of gurus by Srila Prabhupada.

37) The impugned Guru System and illegal diksa / initiation is being practiced and followed in Calcutta within the jurisdiction aforesaid as also at other places outside Calcutta and outside the aforesaid jurisdiction. The impugned Guru System is affecting ISKCON movement in Calcutta within the aforesaid jurisdiction as also at other places outside the aforesaid jurisdiction. The impugned Resolution dated 14th February, 1999 was received at and communicated and given effect to at, Albert Road, Calcutta within the aforesaid jurisdiction and also other places outside the aforesaid jurisdiction. Since the defendants are outside the aforesaid jurisdiction and the cause of action herein as pleaded herein above arose within and outside the jurisdiction of this Hon'ble Court, your petitioners pray for leave under clause 12 of the Letters Patent to institute this suit in this Hon'ble Court.

38) In the circumstances, your petitioners filed the above suit claiming the following reliefs.

a. Perpetual injunction restraining the defendants by themselves and / or their associates or purporting to act as initiating Gurus and for giving Diksha in their name as their own disciples.

b. Mandatory injunction directing that initiation of new disciples are to be made only by ritviks as representatives of Srila Prabhupada and new disciples are to be initiated as disciples of Srila Prabhupada in terms of the directive dated 9th July, 1977.

c. Direction upon the defendants to give production and inspection of Srila Prabhupada's initiated disciples book so that necessary direction given for rectification, completion and proper maintenance of the same.

d. Declaration that the resolution dated 14th February, 1999 passed by the defendants is null and void and of no effect.

e. Decree directing delivery up of the minute book of the meeting of GBC held on 14th February, 1999 so that the impugned Resolution can be adjudged void and be cancelled; f) Perpetual injunction restraining the defendants whether by themselves or through their agent or their servants from giving effect or further effect to the impugned Resolution dated 11th February, 1999 passed by the GBC and/or from any similar Resolution or from giving or taking any step or action in pursuance of or in reliance thereupon against the plaintiffs or any other person in any manner whatsoever.

f. Mandatory injunction directing that all disciples of Srila Prabhupada and /or persons initiated as disciples of Srila Prabhupada be entered in the Srila Prabhupada's initiated disciples book maintained by the Secretary of Srila Prabhupada during his life time.

g. Declaration that the initiation of new members/disciples by the initiating gurus as their own disciples is illegal.

h. Declaration that all new initiates are the disciples of Srila Prabhupada irrespective of the person who performs the initiation.

i. If necessary a scheme be framed by this Hon'ble Court for the purpose of initiation of new members in accordance with the July 9, 1977 directive of Srila Prabhupada

j. Receiver

k. Injunction

l. Costs

m. Further or other reliefs.

A copy of the plaint filed in the suit without "A" annexures is annexed hereto and marked with the letter "A".

39) For the purpose of present application, your petitioner relies upon the following facts and documents.

a. A copy of the Memorandum of Association and the Regulation of the Defendant No.1 is annexed hereto and marked with the letter "B".

b. A copy of the resolution taken at the Annual general meeting of 1975 is annexed hereto and marked with the letter "C".

c. A copy of the directive dated 9th July, 1977 is annexed hereto and marked with the letter "D".

d. Relevant extracts from the book of Srila Prabhupada are annexed hereto and marked with the letter "E" collectively.

e. Copies of the other relevant documents in this connection are annexed hereto and marked with the letter "F" collectively.

40) The Governing Body Commission in its official Journal called "ISKCON JOURNAL" Volume I, 1990 carries an article by Tamal Krishna Goswami, the secretary of Srila Prabhupada hereto annexed and marked "G" in which he acknowledges that there was never any appointment of gurus by Srila Prabhupada.

41) By relying upon the resolution dated 14th February, 1999 the defendants are denouncing the precepts and directions of Srila Prabhupada.

The defendants are also trying to divert the followers and believers of Vaishnavism of Srila Prabhupada by contending that these followers are not the followers of Srila Prabhupada but the defendants' own followers/disciples.

42) Unless and until the defendants are restrained from giving any effect or further effect to the said resolution dated 14th February, 1999, they would cause irreparable loss and prejudice to the ISKCON movement and would also break up the ISKCON movement.

43) Unless and until the defendants are restrained from performing initiations as diksha gurus, they would continue to initiate new members as their own disciple and not as the disciples of Srila Prabhupada.

44) If notice of this application is served on the defendants they would take immediate steps in furtherance of their resolution with the intention of rendering the instant suit and application infructuous.

45) Unless and until orders as prayed for herein are made, your petitioners will suffer irrepairable loss and prejudice.

46) This application is made bonafide and for the interest of justice.

Your petitioners therefore, most humbly pray Your Lordships for the following orders:

a. Injunction restraining the defendants by themselves and / or their associates from purporting to act as initiating Gurus and/or giving Diksha in their name and/or initiating any person as their own disciple.

b. Mandatory injunction directing that initiation of new disciples are to be made only by Rittviks as representatives of Srila Prabhupada and all new disciples are to be initiated as disciples of Srila Prabhupada in terms of the directive dated 9th July, 1977.

c. Injunction restraining the defendants whether by themselves or through their agent or their servants from giving effect or further effect to the impugned Resolution dated 14th February, 1999 passed by the GBC and/or from any similar Resolution or from giving any effect or taking any step or action in pursuance of or in reliance thereupon against the petitioners or any other person in any manner whatsoever.

d. Mandatory injunction directing that the names of all disciples of Srila Prabhupada and / or persons initiated as disciples of Srila Prabhupada be entered in the initiated disciples book maintained by the Secretary of Srila Prabhupada during the life time of Srila Prabhupada.

e. Injunction restraining the defendants from holding themselves out and/or acting as Gurus.

f. Receiver be appointed over the minutes book containing the impugned resolution dated 14th February, 1999 and to make inventory and put his initials on the same.

g. Ad-interim order in terms of prayers above;

h. Such further or other order or orders be made and/or directions be given as this Hon'ble Court may deem fit and proper.

And your petitioners as in duty bound shall ever pray.