Sanjay Kishan Kaul, J.

Litigation does not even spare God, or rather the followers find avenues of litigation even in matters of religious affairs. This is across the board irrespective of the religion. Properties held by religious institutions and the power which flows from posts held, which are religious in character, seek to be the bane of this litigation.

2. The present case is also one where the members of the Church of South India are battling on the issue of the amendment to the Constitution of the Church of South India as also the mode and manner of election of the office bearers.

3. The preamble to the Constitution sets forth how the Church of South India came into being. It claims to be a part of One Holy, Catholic and Apostolic Church and a union of four different church traditions - Anglican, Methodist, Presbyterian and Congregational. It is also an autonomous Indian church and incidentally is not a registered body under any enactment. It is stated to have been formed immediately after the country gained independence.

4. The Membership of the Church of South India is of persons who are residents in four Southern States of India - Andhra Pradesh, Karnataka, Kerala and Tamil Nadu as also Jaffna in Sri Lanka, who have been baptized and are willing to abide by the faith and order of the church.

5. Chapter V of the Constitution deals with the Ministry of the Church and the ordained ministry of the church is to consist of Bishops, Presbyters and Deacons. Thereafter, the functions and responsibilities of each are provided. Rule 11 in this Chapter provides that every Bishop of a diocese will be the Ex-Officio Member of the Synod of the Church.

6. Chapter VI deals with the election, appointment, consecration and installation of Bishops, while Chapter IX deals with the Synod, which defines the Synod as the highest representative body of the Church of South India, its supreme governing and legislative body and the visible symbol of its unity. The Membership of the Synod is as under:

“Rule 2. Members

(a) All diocesan bishops and assistant bishops, if any, and bishops serving the Synod in other duties within its jurisdiction;

(b) The General Secretary and the Treasurer;

(c) The President and the General Secretary of the Women's Fellowship and two members of the Order of Sisters nominated by the Order Committee;

(d) Presbyters and lay persons representing the Dioceses and elected according to the following table:

For upto 10,000 baptised members - 2 presbyters and 4 lay persons

Above 10,000 but below 20,000 baptised members - 3 presbyters and 5 lay persons

For 20,000 and above but below 30,000 baptised members - 4 presbyters and 6 lay persons

For 30,000 and above but below 50,000 - 5 presbyters and 7 lay persons

For 50,000 and above but below 75,000 - 6 presbyters and 8 lay persons

For 75,000 and above but below 100,000 - 6 presbyters and 9 lay persons

For 100,000 and above but below 150,000 - 6 presbyters and 10 lay persons

For 150,000 and above - 6 presbyters and 11 lay persons

Out of the total representatives from the Diocese to the Synod at least 25% from among the Presbyters and at least 25% from among the lay persons shall be under the age of 35 years. Out of the total lay representatives from a Diocese to the Synod at least 25% shall be women.

(e)The Moderator shall appoint to the Synod in consultation with the other Officers of the Synod upto 10 persons as additional members of the Synod.”

7. Rule 6 onwards deals with the Officers of the Synod and the relevant Rules under Chapter IX are being reproduced hereinunder:

“Rule 6. The Officers of the Synod shall be a Moderator, a Deputy Moderator, a General Secretary and a Treasurer.

Rule 7. All the officers shall be elected by ballot of the Synod, the Moderator and the Deputy Moderator being elected from among the diocesan bishops of the Church.

Rule 8. All the Officers shall be elect