Back
SUPREME COURT OF INDIA
(BEFORE M. M. DUTT AND M. H. KANIA, JJ.)
DISTRICT COUNCIL OF UNITED BASEL MISSION CHURCH AND OTHERS
Versus
SALVADOR NICHOLAS MATHIAS AND OTHERS
Civil Appeal No. 84 of 1975, decided on January 20, 1988
Advocates appeared
T. S. Krishnamurthy Iyer, Senior Advocate (A. T. M. Sampath and Srinivasa Anand, Advocates, with him), for the Appellants; B. P. Halda, S. S. Javali and Ranjit Kumar, Advocates, for the Respondents.
Religious Societies Act, 1880 - Section 6 - Code of Civil Procedure, 1908 - Order I, Rule 8 - Section 9 - Indian Companies Act, 1913 - UBCM - Merger of UBMC - Permanent Injunction - Restraining From Implementing Resolution - Respondents, are members of UBCM, instituted a suit in court of Munsif, Mangalore, praying for a declaration that resolution passed in extra ordinary meeting of District Church Council of UBMC proposing merger of UBMC of South Kanara and Coorg with the Church of South India was void, illegal and ultra vires Constitution of UBMC and not binding on respondents or other members of UBMC of South Kanara and Coorg - Respondents also prayed for a permanent injunction restraining defendants-appellants from implementing said resolution - Whether right of worship of respondents will be affected in case of implementation of impugned resolution - Whether in Vaishnavite temples, situate in Trimulai and in Tripati, worship would be conducted exclusively in Tengalai order or Vadagalai ritual would form part of worship in these temples - Whether there was a breach of trust or not - Whether District Church Council had authority to pass impugned resolution for union of UBMC of South Kanara and Coorg with CSI - Whether there has been any implementation of resolution or not, but question is whether District Church Council had authority to pass such a resolution – Held, Provision for dissolution of societies and adjustment of their affairs-Any number not less than three-fifths of members of any such body as aforesaid may at a meeting convened for purpose determine that such body shall be dissolved ; and thereupon it shall be dissolved forthwith, or at the time when agreed upon ; and all necessary steps shall be taken for disposal and settlement of property of such body, its claims and liabilities, according to rules of such body applicable challenge is misconceived - Section 6 deals with dissolution of societies and adjustment of their affairs - It has been already observed by us that there is no question of dissolution of UBMC of South Kanara and Coorg and disposal and settlement of its property and claims and liabilities etc., consequent upon such dissolution as provided in Section 6 and, as such, provision of Section 6 is not at all applicable to facts and circumstances of instant case - Contention made on behalf of respondents is without any substance – Court is unable to agree with finding of learned Judge of High Court that impugned resolution violates provision of Section 6 of Religious Societies Act and in view of fact that Synod had unanimously accorded permission for merger, High Court was not justified in striking down impugned resolution on ground that it was beyond authority of District Church Council to pass such a resolution - In court opinion, impugned resolution is legal and valid - Appeal allowed.
Judgment
DUTT, J.-This appeal by special leave at the instance of the defendants is directed against the judgment and decree of a learned Single Judge of the Karnataka High Court whereby the learned Judge reversed the judgment and decree of the Additional Civil Judge, Mangalore, affirming those of the Munsif, Mangalore, dismissing the suit filed by the plaintiff-respondents.
2. The respondents, who are the members of the United Basel Mission Church (for short UBCM) of South Kanara and Coorg, instituted a suit in the court of the Munsif, Mangalore, praying for a declaration that the resolution dated May 9, 1961 passed in the extra ordinary meeting of the District Church Council of UBMC of South Kanara and Coorg proposing the merger of UBMC of South Kanara and Coorg with the Church of South India was void, illegal and ultra vires the Constitution of UBMC and also the provisions of the Religious Societies Act, 1880 and not binding on the respondents or other members of UBMC of South Kanara and Coorg. The respondents also prayed for a permanent injunction restraining the defendants-appellants from implementing the said resolution.
3. The Evangelical Missionary Society in Basel (Basel Mission), which is a religious Society, consisting of missionaries of different denominational churches of Switzerland and Germany constituted UBMC in South Kanara, Coorg, Malabar and North Karnataka for the purpose of spreading the Gospel. The UBMC has a written constitution (Ex. A-1). Under the Constitution, the UBMC is divided in three Ecclesiastical Districts, namely, the South Kanara and Coorg, Bombay-Karnataka and Malabar. Each District had its own representative body known as the District Church Council to supervise the work of the churches. The District Church Board was the executive body consisting of a few members of the District Church Council. The highest authority of UBMC is a body known as Synod which is constituted with the representatives of the District Church Councils, the Basel Mission and certain ex officio members.
4. In 1905, a number of Congregational Churches under the London Mission Society united with the Congregational Churches and the Presbyterian Churches in South India and such union came to be called the South India United Church. Subsequently, the South India United Church and the Anglican Church in South India came to be united and this union brought into existence the Church of South India (for short CSI) in 1941.
5. After the creation of CSI, there had been a move that the churches in the three Districts of UBMC should join the CSI. Indeed in 1943, the Malabar District Church of UBMC joined the CSI with the approval of the Synod. Further, it appears that the Bombay-Karnataka Unit of UBMC had also joined the CSI. The only unit of UBMC that remained is the South Kanara and Coorg Unit. By the impugned resolution dated May 9, 1961, the majority of members of the District Church Council of UBMC of the South Kanara and Coorg decided to join the CSI. Being aggrieved by the said resolution and to get rid of the same, the respondents instituted the said suit in a representative character under Order I, Rule 8 of the Code of Civil Procedure as representing the members of UBMC of South Kanara and Coorg.
6. The case of the respondents is inter alia that they are Protestant Christians belonging to the Ecclesiastical Districts of South Kanara and Coorg of UBMC. Every member of UBMC has a right vested in him under its Constitution to be a member of a District Church Board and District Church Council and to administer the properties vested in them and to manage their affairs. These rights guaranteed under the Constitution cannot be altered or abridged except under Rule 14 of the Constitution providing for amendment. According to the respondents, the CSI is fundamentally different in doctrine, faith, worship, tradition, heritage and practices from UBMC of South Kanara and Coorg. An important distinguishing fundamental principle is the pri
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
