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MOST REV. P.MA. METROPOLITAN AND ORS. ETC: A v.

MORAN MAR MARTHOMA MATHEWS AND ANR. ETC.

MARCH 25, 1996

(B.P. JEEVAN REDDY, SUHAS C. SEN AND

S.B. MAJMUDAR, JJ.]

Ecclesiastical Law : .

Constitution of Malankara Oiristian Association of 1934: Clauses 46 and 71.-Syrian Gtristian Association (Malankara Association) and C Diocesan Assembly-Election of memberlauses 46 and 71of1934 Constitution substitUted as detailed in the orde;._As regards dispute in respect of appointment to posts/offices, stanis quo to be maintained until a new Managing Committee is elected and on its election, if need be, it would decide the

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Decree-Held a decree should trnly reflect the operative decision and_

directions in the judgment.

Ed The main order dated 20.6.95 referred to in this order is reported

in [1995) Supp. 4 sec 286.

CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 4958-60 of 1990 Etc. .

From the Judgment and Order dated 1.6.90 of the Kerala High Court in A.S. Nos. 331180, 362/90 and 358 of 1980. •

F.S. Nariman, K. Parasaran, Soli J. Sorabjee, C.S. Vaidyanathan, D.D.Thakur; KV. Mohan, PJ. Philip, E.M.s: Anam, S. Balakrishnan, S.

Pra5a.J 1-R. Thomas, S. Menon, Raju Ramachandran~ T.G. Narayanan Nair, R.K. Pillai, M.T., George and KV. Viswanathan for the appeanng Parties.

Ms. Lily Thomas for Intervenor.

The following order of the Court was delivered :

This Order may be read in continuation of the Judgment dated June • 20, 1995. Inasmuch as the Malankara Association was vested with control H 857

I A over the religious and communal affairs of the entire Malankara Christian community, it was held desirable and necessary that the Association must "truly and genuinely reflect the will of the said community''. For ensuring it, it was observed "its composition must be so structured as to represent the entire spectrum of the community. A powerful body having control over both spiritual and communal affairs of the Malankara Church should be B composed in a reasonable and fair and manner." It was held that judged from the above angle, clause (68) of the 1934 constitution cannot be said to be a fair one, inasmuch as the said clause provided for representation Parish Church-wise. We took note of the contention urged on behalf of the Patriarch group that with a view to obtain majority in the Association, the C Catholicos group has created a number of new Parish Churches with very small membership and that giving equal representation to all Parish Churches irrespective of the strength of their membership is neither fair nor does it ensure a fair. and proper representation of the community in the Association. It was held that it is necessary to substitute clause ( 68) (now clause 71) and other relevant clauses of the Constitution to achieve the D aforesaid objective which would also affirm the democratic principle, which appears to be one of the basic tenets of this Church. Accordingly, we direct both the parties as well as the Rule Committee (mentioned in clause (120)

of the Constitution) to place before this Court within three months from today draft amendments to the Constitution. It was observed that after perusing the said proposals, the Court will make appropriate directions.

Accordingly, both parties have placed before us their respective proposals.· Some other parties too have placed their proposals. The proposals put forward by the Patriarch group seek to amend a large number of clauses in the Constitution which was not the intention behind the above direction. The objective was to amend only clause ( 68) and other clauses to ensure the aforementioned objective.

It is brought to our notice that there are two clauses in the Constitution which necessarily have to be amended if the aforementioned objective has to be attained. They are clauses (71) and (46) (re-numbered clauses).

G They read as follows :

"Article 46 : The Vicar or if inconvenient for him, one of the Assistant Priests deputed by the Vicar and two laymen elected by every Parish assembly in a Diocese shall be members of the H Diocesan Assembly. Their term Qf office shall be three years.

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MOST REV. P.M.A. METROPOLITAN v. M.M.M. MATifEWS 859

, Article 71 : A priest and two laymen elected by each Parish A assembly and the members of the existing Managing Committee shall be members of the Association."

We may now set out the amendments as proposed by the Catholicos group and Patriarch group :

PROPOSED BY

CATHOLICOS GROUP

THE

AS PROPOSED BY THE

PATRIARCH GROUP

Article 71 -

The following shall be the members or the Association i.e.,

(a) members of the existing Managing Coaimittee

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(b) a pries/ from each pariSh elected by the Parish Assmbly. ·

(c) (i) two laymen elected by the parish Assembly of each of those parishers whereof the number 'of families are upto 400.

(ii) three laymen elected by the Parish Assembly of each of those of families are between 401 and 800;

(iii) four laymen , elected by the Parish Assembly of each of those parishes whereof the, number of familie, s are between 801 and 1200; ,

(iv) five laymen elected by the Parish Assembly of each of those parishes whereof the number of families exceed 1200 ..

Article 71 c

(1) All men and women who are members or the Malankara Church, are not less than the age of eighteen years and are members of a Parish Assembly in Malankara (Kerala) shall b, e members of the D Malankara Association.

(2) The following powers of the Malankara Association shall be exercised directly by all the members E of the Malankara Association and all the other powers shall be exercised by the Managing Committee and the office bearers so elected.

(a) Election of the Catholicos, F .

Malankara Metropolitan, Two Associate Trustees, Association Secretary and Assistant to the Mahnkara Metropolitan.

(b) Election of the Managing G: Committee.

Provided, however that such elec-. tion of members of the Managing Committee shall be held at the H

level of the dioceses in Malankara (Kerala), that is to say that the members of the Association belonging to the Parish diocese in Malankara (Kerala) will vote and elect only those members of the Managing Commitiee who will be representing that diocese.

( c) Ratification of the amendments to the constitution proposed by the Managing Committee.

(3) Whenever the office of the Catholicos falls vacant or when a vacancy is expected due to retirement of the incumbent, the Managing Committee shall propose two names for final selection by the members of the Association and the Metropolitan who secures the higher number of votes shall be consecrated as the Catholicos.

For the above purpose each member of the Managing Committee shall be entitled to propose any Metropolitan who is a Vice Presi- . dent of the Malankara Association. The names of the tW() Metropolitans securing the largest number of proposals shall be placed before the Association members for selection of one of them by ballot. The .Catholicos shall hold office till he attains the age. of 75 years or resigns.

( 4) Election shall be held once in

MOSTREV.P.M.AMETROPOLlTANv. M.M.M.MATIIBWS 861

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five years to the following offices : A

i. Malankara Metropolitan;

ii. Two Associate. Trustees;

iiL Association Secretary;

iv. Managing Committee;

v. Assistant to the Malankara Metropolitan.

(5)(a) Whenever a vacancy of a Diocesan Metropolitan arises or is C expected on account of retirement of the incumbent the Election Committee shall conduct an election for the. sliid office in the said Diocese.• D

. (b) A priest of the Malankara Church shall be elected to be consecrated as the Metropolitan of a • Diocese by. the Association members of the Parish Churches of that E Diocese.

Provided that a priest to be elected for consecration as Diocesan Metropolitan should secure 50% + 1 of the votes polled : F among the member~ of the Association in the Diocese.

; rhe perso~ u{us eiected shall be consecrated by the Patriarch or the . G Catholicos with the co-operation of the Synod.

(c) A Metropolitan shall hold office tlll he attains the age of seven- .-ty five years ..

B A1tic/e 46

46(a) The Vicar or if it be inconvenient for him, one of the Assistant Priests deputed by the Vicar as well C as lay representatives elected by the

Parish Assembly of every parish in the Diocese as laid down in Clause

(b) below shall be the members of the Diocesan Assembly.

D (b) Parishes, with upto 400 families shall elect two representatives, those with 401 to 800 shall elect three representatives, those with 801. to 1200 families shall elect from repre- E sentatives and those parishes exceeding 1200 families shall elect five representatives from among the lay members to the Diocesan Assembly.

( c) The term of office of the Diocesan Assembly shall be three G years.

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( d) In the first election after the amendment of the constitution, the members in the Diocese shall approve one of the two incumbent Diocesan Metropolitans.

Article 46

(a) The Parish Churches of the Malankara Church are grouped into dioceses and the number and jurisdiction of the dioceses shall be determined by the Managing Committee of the Association from time to time.

(b) Every diocese shall have a diocesan assembly which shall consist of the following :

(i) Diocesan Metropolitan (President)

(ii) All priests (including vicars and assistant vicars) who are in active service in the diocese.

(iii) Lay representatives of all the Parish Churches in diocese,

Provided that the number of lay representatives to be elected to the diocesan assembly from each Parish Church shall be fixed as per the scale given below :

Parish Churches having 100 or more members but 500 or less members - 1 Jay representative;

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MOSTREV.P.M.A.METROPOLITANv. M.M.M.MATIIEWS 863

Parish churches ha\ing more than 500 members - 1 additional lay representative for every additional 500 members and 1 more lay representative for the. remainder of the members beyond the multiples of 500 if such remained is not less than 250. Parish Churches ha\ing less than 100 members shall not be entitled to have an independent lay representative, but may with mutual consent join any other Parish Church and, if the com-

I bined strength of their members is I 100 more, shall be entitled to have ' a representative for such Combined strength.

( c) 30% of the representatives of the Parish Churches shall be women and the wards to be reserved fcir women to ensure such representation shall be decided by the Election Committee of the Association.

( d>° The term of office of the diocesan assembly shall be co-terminus with that of the Managing Committee. ,.

Ha\ing heard the counsel for the parties and considered the relevant facts and circumstances, we direct that Articles 71 and 46, as provided

. hereunder, shall stand substituted in the place of the existing Articles 71 G and 46 in the Constitution with effect from this day :

•Article 71 : The following shall be the. members of the Byrian Christian Association (Malankara Association) viZ.,

(a) Members of the existing Managing Committee.

A Provided that the nominated members of the Managing Committee, if any, shall not be entitled to vote at the election of the Catholicos, Malankara Metropolitan or any other holder of office who is to be elected by the Association.

(b) A Priest from each Parish Church elected by the Parish Assemb- B ly: provided that if in any parish church, there is only one priest, he shall be priest-repres.entative of the Parish church without the need of an election;·

(c)(i) One layman member elected by the Parish Assembly of each C Parish Church whose membership does not exceed 100 families;

(ii) One additional layman member to be elected by the Parish Assembly of a Parish Church having a membership of more than 100 families but not exceeding 250 families;

(iii) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership exceeding 250 families not exceeding 500 families;

(iv) One more additional layman member to be elected by the Parish E Assembly of a Parish Church having membership of more than 500 families but not exceeding 750 members;

(v) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 750 families but not exceeding 1000 ifamilies;

(vi) One more additional layman member to be elected by the Parish Assembly of a Parish '.Church having membership of more than 1000 families but not exceeding 1250 families;

(vii) One more additional layman member to be elected by the Parish Assembly of a Parish<.Chnrch having membership of more than 1250 families but not exceeding 1500 families;

(viii) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 1500 H families but not exceeding 1750 families;

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(ix) One more additional layman member' to be elected by the Parish A Assembly of a Parish Church having, membership• of more than 1750 families. but not exceeding 2000 families;

(x) One more additional layman member io be elected by the Parish Assembly of a Parish Church having membership of more than 2000 families;

. • Provided that each family which isa"me.;, b~ o( the Parish.Church shall have one vote and it-is for the family to deeide who among the~ shall participate in the voting.

Provi&d further that a vote can be cast oii'behalf of the family either C by a male member or by a female 'provide.ii he or she has attained the age of twenty. one years.

; Provided further tat the meml:iership of eacli Parish ChurCh shall be determined with ! reference to the eitteries in the relevant register D maintained by each Parish Church 'as on the date of the Judgment, i.e., June 30, 1995.

' ( d) The terni of the meinbers elected under clauses (a) arid (b) above shall be five years. . ' ·

 I l ;._ • '. r ,-· ' · . . ( e) The Managing Committee shal) be elected every five years soon aft6r the election 'of th~ niembers underdauses (b) and ( c). . . ; . . ;. -•

Article 46 : The following shall be the members of thi; Diocesan Assembly, viz.,

(a) A Priest from each Parish Church elected by the Parish Assembly; .provided that if in arty parish church, there is onlyone priest, he shall • t_I .. ·.. . . . . . . . . be the priest-represent!'five of the Parish church without the need of an election; ·

 (b)(i) One layman member elected by the Parish Assembly of each G Parish Churh whose membership do.es not exc, eed lOOJamilies; . .

(ii) On ore additional layinan member to be elected by the Parish Assembly of a Parish Church having a membership of more than 100 families but not exceeding 250 families; •· · H

(iii) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership exceeding 250 families but not exceeding 500 families;

(iv) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 500 families B but not exceeding 750 families;

(v) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more thari 750 families but not exceeding 1000 families;

(vi) One m\)re additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 1000 families but not exceeding 1250 families;

(vii) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 1250 D families but not exceeding 1500 families;

(viii) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 1500 families but not exceeding 1750 families;

(ix) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 1750 families but not exceeding 2000 families;

(x) One niore additional layman member to be elected by the Parish p Assembly of a Parish Church having membership of more than 2000 families;

( c) The term of members elected under clauses (a) and (b) shall be five years. 11

G It is directed that the election of members of the Association and the Diocesan Assemblies shall take place within three months from today on the basis of Articles 7f and 46 aforementioned.

PART-II

H Another controversy which was raised before us relates to the ap-

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MOST REV. P.M.A METROPOLITANv. M.M.M. MATHEWS 867

pointments made on or after fanuaryl,'197i upto'the date of the judgment A of this Court. It is submitted that in respect of some posts, appointments have been made by both tlie groups, wiih. the _result. that in respect of certain offices/posts, there is more than \lne c!lmant. At this juncture, it is not possible to give any specific direction· as to who among the two contenders is the legitimate incumbent. It is accordingly directed that the B status quo as on the date of'ihe 'judgment shall continu~ uiitil a new Managing Committee is elected. The said Managing Committee can .decide the said dispute, if and when necessary.

PART- Ill

It is brought to our notice that the decree prepared by this Court pursuant to the judgment dated Jurie 30, 199S hs been wrongly prepared.· This is agreed to by both Sri Parasaran, learned .counsel for the Patriarch group and Sri F.s: Nariman: learned counsel for the Catholicos .group ...

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A decree drafted should. truly reflect the operative decision and D • directions in the judgmenCfhat is the principle. We, therefore, direct Ms.

Manju Goel, Registrar .(Judicial-II) to prepare a decree in the light of the judgment' afoesaid, after noiice to both the parties. It is obvious that the decree shall also incorporate the directions given in this Ordior. If either party or both of them re not satisfied with the decree drafted by the. said Registrar (Judicial-II), the matter my be requeted to be placed before E us for appropriate orders in that behalf;

R.P. Matter disposed o~.

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