Election to be held under behest of first appellant Bishop and Church Council.

F. M. IBRAHIM KALIFULLA, J.

All these appeals arise out of a common order of the learned single Judge, dated 3.12.2007 passed in O.A. Nos. 964 and 965 of 2007, 6091 of 2007 and A. No. 5748 of 2007 in C.S. No. 713 of 2007.

2. The issue relates to the holding of elections to the Church Council of the first appellant in appeal Nos. 399 to 402 of 2007.

3. The first appellant, namely, The Tamil Evangelical Lutheran Church (for short TELC) is a Christian religious organisation. It has got its own hierarchical set up of administration starting at the bottom of all “Congregations” ending with the body caiied “Church Council”. The head of the Church, namely, TELC, is the Bishop of Tranquebar, who is also the spiritual father of Pastors and Congregations. To be more specific, the hierarchy of administration, starts from Congregations‘ then to ‘Pastorates‘ followed by ‘District Executives‘, thereafter, by the ‘Synod‘, the ‘Synod Continuation Committee‘ and the ‘Church Council‘.

4. The administration of TELC is governed by well defined rules called church rules of TELC. Under its administration, apart from religious practices, it has spread its wings to other fields, namely, medical, help youth work, industrial activities, acquisition of properties, school and college level education, printing and publication, Evangelism, Revival and Communication, Hostels, Homes and Childrens Ministry etc. Congregation is nothing but a group of Lutheran Christians residing within the defined territorial limits of a particular place of worship, which limits to be defined by the Church Council. The Pastorates are the relevant body of a congregation or group of congregations recognised by the Church Council and each Pastorate is placed under the stewardship of a Pastor. Each Pastorate has got its own Pastorate Committee headed by the Pastor-in-charge. Under Rule 16 of the TELC Rules (hereinafter called as Rules), the tenure of the membership of the Pastorate Committee is ordinarily for a triennium, which would become functus officio, six months after the end of triennial synod. At the pastorate level, apart from the pastorate committee there is one other body called Pastorate Conference. The eligibility of a person to be a member of the Pastorate Conference is stipulated in Rule 48. Group of pastorates constitute a District and the administration of District is under the control of District Council and an executive called District Executive (for short DC and DE). The composition of a District Council is again specifically stipulated in Rule 94. Under Rule 99, the tenure of membership of a District Council is held to be for a triennium. Under Rules 52 and 81 of the Rules, the method of election to the Pastorate Conference, District Council, Synod Constitution Committee and Synod by the Pastorate Conference is set out.

5. The Synod is held to be the sovereign legislative body of the church. It has the sovereign authority over the administration and doctrinal matters of the Church and it is the synod which is the electoral college of the Church Council. The composition of the Synod is set out in Rule 131. Rule 131-A specifies the tenure of the members of the Synod by stating that the elections and nominations of the Synod are only for that session of the Synod and not for the triennium. Under Rule 133, Synod should ordinarily be held once in three years during summer vacation. It is otherwise called the Triennial Synod and in case of necessity the Church Council is empowered to summon a special Synod.

6. Rule 144 prescribes the procedure for the election of the Church Council members by the members present in the Synod. The composition of the Church Council consists of the President (Bishop) and eight other members elected by the Triennial Synod. Out of 8 members 3 should be clergy men and five laymen. The composition of Church Council is set out under Rule 117. Apart from the supreme body of Synod, there is one other body called Synod Continuation