Court determined that election processes of Church governance were invalid due to non-compliance with constitutional requirements, necessitating administrator appointment for proper management and future elections.

JUDGMENT :

(R. Subramanian, J.)

(Prayer in O.S.A.No.198 of 2023: : Original Side Appeal filed under Order XXXVI Rule 1 of the ORIGINAL SIDE RULES , 1956 read with Clause 15 of the Letters Patent, praying to set aside the order dated 05.09.2023 in A.No.57 of 2023 in C.S.No.86 of 2022.)

All these appeals under Clause 15 of the Letters Patent are directed against the orders of the learned Single Judge made in various applications that were filed in C.S.Nos.86 of 2022 and 7 of 2023.

2. Both the suits are suits filed under Section 92 of the Code of Civil Procedure and they relate to the management and administration of the Church of South India, an un-registered body of persons which is in-charge of the functions of the protestant Churches in Southern India and in Sri Lanka. This un-registered body of persons christened as Church of South India came into existence on the 27th September 1947 and it is governed by a set of Rules that is called the Constitution of the Church of South India.

3. Disputes often arise regarding the management and conduct of the elections for various posts of Office Bearers in the Church of South India and its other organizations called Church of South India Trust Association. While Church of South India looks after the ecclesiastical functions, the Church of South India Trust Association, which is a Company registered under Section 8 of the COMPANIES ACT , 2013 ( Section 25 of the COMPANIES ACT , 1956) takes care of the secular functions and administration of the properties. All the properties of the Church vest in the Church of South India Trust Association.

4. C.S.No.86 of 2022 came to be filed by some of the members of the Church seeking the following reliefs:-

The plaintiff, therefore, prays that this Hon'ble Court may be pleased to pass a judgment and decree:

a) Frame a scheme under Section 92 (g) and (h) of the Code, setting out the conditions for appointment and terms of office and prescribing disqualification for the members of the Synod of the 1st defendant.

b) Removing the 3rd defendant from the office of Moderator of the Church of South India, the 1st defendant herein,

c) Consequently, removing the 3rd defendant as the Chairman of the CSITA, the 2nd defendant herein,

d) Directing the 1st defendant to hold fresh elections to the office of the Moderator of the Synod of the 1st defendant,

e) And to grant such further reliefs as this Hon'ble Court may see fit to grant in the facts and circumstances of this case.

The background facts, which, according to the plaintiffs in the said suit, forced them to approach this Court, are as follows:-

5. The plaintiffs who are six in numbers are members of the Church and it is claimed that they have been the Members of the Church for considerably long period. It is also claimed that the plaintiffs had held certain vital positions in the management of the Church in the past. The 3rd defendant in the suit Most Rev.Dharmaraj Rasalam was elected as a Moderator in the election held on 11.10.2020 for the three years period ending on 11.10.2023. Contending that the 3rd defendant was accused of several criminal offences and almost ten FIRs were pending against him on the date of his nomination as the Moderator, the suit came to be filed seeking a Scheme primarily contending that the Constitution of the Chu