2020 Supreme(Mad) 1107
IN THE HIGH COURT OF MADRAS
S. VAIDYANATHAN, N. ANAND VENKATESH, JJ.
Tirunelveli Diocese Trust Association and Ors. - Appellants
Versus
R. Jayakumar Thomas Jayaraj and Ors. - Respondents
W.A.(MD) Nos. 878 of 2019
Decided On : 25-02-2020
For the Appellant :Karthik Sheshadri, S. Parthasarathy, Sr. Counsel for V. Prabhakar, D. Andrews Samraj for T.V. Ramanujam, Sr. Counsel for R. Bharanidharan, S. Chellapandian for J. Anandkumar, T.R. Jeyapalam and J. Barathan, Advocates.
For the Respondents:Thanka Sivan, Ravindran Charles, K. Samuel Baskaran, M. Sundar, Prabhurajadurai, Advocates and V. Annalakshmi, Government Advocate.
Headnote:
Writ Petitions have been filed challenging the orders passed as a result/consequence of the judgment of the learned Single Judge – Brief Facts of the Case – There are hundreds of Churches spread all over the District of Tirunelveli governed by the Diocese of Tirunelveli – Churches all over the District of Tirunelveli are divided into 140 Pastorates, with each pastorate containing certain number of Churches situated within the respective pastorate area – Further 140 pastorates are divided as six Church Councils and each Church Council contains a certain number of pastorates within its territorial jurisdiction –Held, There is yet another development which can be taken into consideration in the present case – Period of the Bishop is coming to an end and the learned counsel appearing for the Bishop submitted that he is no longer interested in controlling the affairs of the Synod or the Diocese and the Bishop will be out of scene immediately on the expiry of his tenure – That apart, now the term of office bearers of the Diocesan Council/Executive Committee/Office Bearers has been amended as three years relevant amendment is extracted hereunder – Term of the Diocesan Council shall be three years – Diocesan Constitution shall also state the month in which the term of the Council would normally begin, so that elections to the Diocesan Councils from the pastorates and other constituencies can be arranged accordingly – If for any reason the convening of the Council after fresh elections is delayed, such delay shall not prolong the life of the council beyond the time stipulated in the constitution, subject to Clause (c) under this rule – Writ Petitions are disposed of.
JUDGMENT :
S. Vaidyanathan, N. Anand Venkatesh, JJ.
1. All these intra court appeals arise out of the judgment of the learned Single Judge passed in a batch of Writ Petitions, dated 05.08.2019. The Writ Petitions have been filed challenging the orders passed as a result/consequence of the judgment of the learned Single Judge.
2. The Brief Facts of the Case are as follows:
There are hundreds of Churches spread all over the District of Tirunelveli governed by the Diocese of Tirunelveli. The Churches all over the District of Tirunelveli are divided into 140 Pastorates, with each pastorate containing certain number of Churches situated within the respective pastorate area.
3. Further 140 pastorates are divided as six Church Councils and each Church Council contains a certain number of pastorates within its territorial jurisdiction.
4. The election is conducted in four phases covered by Chapter II to V of the Constitution of Diocese, which are as follows:
(i). Election to the Pastorate Committees and the Diocesan Council (Diocesan Council members will be elected).
(ii). Election for the Constitution of Pastorate Committees (and to the members of the Church Councils).
(iii). Election for the Executive Committee of the Diocese and for the Constitution of Church Councils.
(iv). Election for selection of office bearers of the Diocesan Council and the Executive Committee viz., Law Secretary Vice Chairman & Clerical Secretary for the Diocese.
5. The term of office bearers of Tirunelveli Diocese was originally four years (maximum). Now due to the amendments of the year 2015, in the CSI Synod Constitution, the term of office bearers in all constituent Diocese has become three years with effect from 2015. The Rules for election are contained in Chapter X of the Constitution of Diocese of Tirunelveli.
6. First Phase-Pastorate level election
There are 125 pastorates within the Tirunelveli Diocese and from these, 6 pastorate Committee members and one or more Diocesan Council members shall be elected from each pastorate. The number of Diocesan Council members depends upon the strength of communicants available in each pastorate. For 500 communicants, there shall be one Diocesan Council member subject to a maximum of four within a pastorate. The procedure for the 1st phase of the election is stipulated in Chapter II of the Constitution of Diocese.
7. Second Phase:
This is called election for the Church Council. There are totally six Church Councils in the Diocese. The posts of Secretary and Treasurer for every pastorate Committee and members for Church Council will be elected. Retired Pastors available within the pastorates, correspondents of schools within the pastorate, representatives of teachers (diocesan workers) within the pastorate, (Church Council representatives) will also constitute Church Council members. The procedure for the 2nd phase of the election is stipulated in Chapter III of the Constitution of Diocese.
8. Third Phase:
This election is for the Executive Committee. Members of Diocese Church Council members, Pastors, Correspondents, retired pastors, nominees of Bishop, teachers representatives, secretary of pastorates, treasurers of pastorates and Church Council members shall jointly elect the executive members of the Diocese. The procedure for the 3rd phase of the election is stipulated in Chapter IV of the Constitution of Diocese.
9. Fourth Phase (Final Phase):
Diocese Council members elected in the first phase, all presbyters (Pastors) as ex-officio members, nominees of Bishop, Diocesan workers' representatives, two congregation representatives for Diocesan Council from every Church Council, (one shall be female and the other shall be of less than 35 years of age), shall elect the Diocesan office bearers viz. Lay Secretary, Vice Chairman, Clerical Secretary. The procedure for the 4th phase of the election is stipulated in Chapter V of the Constitution of Diocese.
10. The Tirunelveli Diocese was established in the year 1895 and it owned certain