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High Court of Judicature at Madras
R. SUBBIAH
Petitioner
Versus
Respondent
Original Application Nos. 189 & 190 of 2012 & Application Nos. 1475 & 1891 of 2012 in Civil Suit No. 174 of 2012
Decided on : 16-05-2012
Election - Church Administration - Constitution of Church of South India - Chapter VII, VIII - Summary
Fact of the Case:
The plaintiffs filed a suit challenging the appointment of an Administrative Committee by the 2nd defendant and seeking a direction for the 3rd defendant to convene a meeting of the Karnataka Central Diocesan Council. The plaintiffs alleged that the defendants colluded to postpone the election process of the Diocese, leading to the filing of the suit.
Finding of the Court:
The court found that the suit was maintainable against the synod, which appointed the Administrative Committee, but not against the unregistered bodies, defendants 1 and 3, as the plaintiffs had not obtained necessary permission to sue them.
Issues: The main issue was the maintainability of the suit against the unregistered bodies without obtaining permission to sue them.
Ratio Decidendi: The court held that the suit was in order against the synod but not against the unregistered bodies, defendants 1 and 3, as the plaintiffs had not obtained necessary permission to sue them.
Final Decision: The court returned the plaint to the plaintiffs to obtain necessary permission to sue defendants 1 and 3 within four weeks.
R. Subbiah, J.
1. Original Application No.189 of 2012 is filed by the plaintiffs to grant an order of interim injunction restraining the defendants from taking any administrative and policy decisions or implementation of any such decisions taken involving financial transactions, property dealings, operation of bank accounts or receiving foreign aids or other amounts affecting the personnel of the Diocese by effecting transfer or taking any disciplinary actions and appointing or constituting any Boards or committees of management of all institutions.
2. Original Application No.190 of 2012 is also filed by the plaintiffs to grant an order of interim mandatory injunction directing the 3rd defendant to convene a meeting of the postponed meeting fixed on 5th to 8th of October, 2011 of the Karnataka Central Diocesan Council forthwith, by appointing a retired High Court Judge as an Observer to conduct the meeting of the Diocesan Council strictly in accordance with the constitution of Church of South India Karnataka Central Diocesan Council to discharge the functions of the Administrative Committee of the Karnataka Central Diocesan Council.
3. Application No.1891 of 2012 is filed by defendants 3 and 4 to reject the plaint in the suit.
4. Application No.1475 of 2012 is filed by the plaintiffs to appoint a retired Judge of this Court as an interim Administrator to discharge the duties and functions of the Administrative Committee of the 3rd respondent till such time a valid meeting is conducted by the 3rd defendant with the assistance of observers to be appointed by this Court.
5. The facts, which are necessary to dispose of all the applications, are as follows:
To avoid confusion, the parties will be hereafter referred to as they are arrayed in the plaint.
The 1st plaintiff is the member of CSI Church at Tiptur, Karnataka and the 2nd plaintiff is the member of CSI Church at Tumkur, Karnataka State. They have filed the present suit against the defendants in a representative capacity on behalf of the members of the Karnataka Central Diocese, after obtaining permission under Order I Rule 8 C.P.C. According to the plaintiffs, the 1st defendant, Church of South India (C.S.I.), is spread over the four southern States, viz., Tamil Nadu, Karnataka, Kerala and Andhra Pradesh. To facilitate easy governance and administration, there are dioceses in the C.S.I. and each diocese is headed by a Bishop. The bishop of a diocese is basically a presbyter ordained for the Ministry and upon his or her selection as a Bishop, he or she is consecrated to be the Bishop of a Diocese. Presently, there are 22 dioceses including the one in Jaffna. There are three dioceses in the Karnataka Region. In each diocese, there are a number of churches governed and administered by persons who are ordained for ministry. Chapter VII of the Constitution of C.S.I. deals with the Pastorate Committees. Chapter VIII of the Constitution deals with the Diocesan Councils. The Diocese is administered through a Diocesan Council within the frame work of the Constitution of the Church of South India. Every Diocesan Council shall consist of (a) the Bishop of the Diocese, (b) the Assistant Bishop,(c) All Presbyters, (d) Lay representatives and (e) Nominated members in the council. Every Diocesan Council has the power to make rules, pass resolutions and take executive action for the general management and good governance of the Church in the diocese, subject to the provisions of this Constitution and in particular to those concerning the Synod of the Church. The Council has the right to an effective voice in the appointment of its bishop, and the right to make regulations with regard to the acceptance of candidates for ordination to the ministry.
6. It is the further case of the plaintiffs that the Karnataka Central Diocese has its own constitution and byelaws and in accordance to this, the term of the Diocesan Council is defined as two years. According to the Constitution an
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