The Bishop Rt. Rev. Dr. J.Ge vs The Most Rev. A.Dharmaraj Ra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Online)(MAD) 34122

IN THE HIGH COURT OF JUDICATURE AT MADRAS Orders reserved on 15.07.2021 Orders delivered on 25.08.2021 CORAM THE HONOURABLE MR.JUSTICE V.PARTHIBAN Original Application No.347 of 2021 and A.Nos.2365, 2370, 2371, 2193, 2369, 2366, 2367, 2368, 2194, 2306, 2309, 2355, 2356 to 2360, 2305 of 2021 in C.S.No.196 of 2021 O.A.No.347 of 2021
1. The Bishop Rt.Rev.Dr.J.George Stephen S/o Jeyaraj, Bishop in Madras, Church of South India, No.226, Cathedral Road, Chennai - 600 086.
2. The Diocese of Madras, represented by its Secretary, Reve.Dr.Manuel S.Titus S/o Rev. Manuel Swaminathan, Church of South India, No.226, Cathedral Road, Chennai - 600 086. ..Applicants/ Plaintiffs Vs
1. The Most Rev.A.Dharmaraj Rasalam, The Moderator, Church of South India, Synod Secretariat, CSI Centre, No.5, Whites Road, P.O.Box No.688, Royapettah, Chennai - 600 014.
2. The Church of South India, Synod represented by its General Secretary, CSI Centre, No.5, Whites Road, P.O.Box No.688, Royapettah, Chennai - 600 014. ..Respondents/Defendants Judges summons issued under Order XIV Rule 8 of O.S.Rules read with Order XXXIX Rules 1 and 2 of C.P.C. to grant an order of ad-interim injunction restraining the respondents/Defendants 1 and 2, their nominees, appointees, representatives, assignees, administrators, executors and agents from interfering with the internal affairs and administration, including the conduct an business of the Madras Diocesan Council of the applicants/plaintiffs, the election disputes, with respect to the various Committees of the applicants/plaintiffs Diocese as well as ministerial stationing transfers, in any manner, contrary to the law and to the provisions of the constitution of Church of South India of the Synod as well as the Constitution of the Church of South India of Madras Diocese pending disposal of the above suit.
For Applicants in O.A.Nos.347 of 2021 : Mr.P.S.Raman, Senior Counsel for 1st Applicant Mr.Vijay Narayan, Senior Counsel for 2nd Applicant for Mr.V.P.Raman For Respondents in O.A.Nos.347 of 2021 : Mr.V.Prakash, Senior Counsel for Mr.Adrian D.Rozario A.No.2306, 2309, 2366, 2367, 2368, 2369, 2370, 2371, 2193 , 2194, 2365, 2357, 2358, 2359, 2360, 2356 & 2355 of 2021 Rev.Dr.Pearly Usha Walter, No.335/A, Duraiswamy Nagar, Winterpet Post, Arakkonam, Tamil Nadu - 631 002 ..Applicant in A.No.2306 of 2021 D.Bright Joseph S/o late J.Devedoss No.9, Brindavan Flats, 24, Papanasam Sivan Salai, Mylapore, Chennai - 600 004. ..Applicant in A.No.2309 of 2021 Mrs.Santhi, W/o Sampathkumar, No.49B, Kandigai 3rd Street, Palanipet, Arakkonam. ..Applicant in A.No.2366 of 2021 V.Sampath Kumar, S/o Varadarajalu, No.49B, Kandigai 3rd Street, Palanipet, Arakkonam. ..Applicant in A.No.2367 of 2021 B.Rufus Jayaraj, No.13/1, Bishop's Lane, Purasawalkam, Chennai- 600 007. ..Applicant in A.No.2368 of 2021 S.Nevil Raj, S/o Sampathkumar, No.49B, Kandigai 3rd Street, Palanipet, Arakkonam. ..Applicant in A.No.2369 of 2021 K.Viswanadhan, No.10-117, VKS Layout Nagari, Chitoor District, Andhra Pradesh - 517 590. ..Applicant in A.No.2370 of 2021 S.Britto Santharaj, S/o J.Sirtarasu, No10, Latchayyarnar Street, Ashok Nagar, Arakkonam - 631 001. ..Applicant in A.No.2371 of 2021 D.Jeyakumar, No.310, 19th Street, Periyar Nagar, Jawahar Nagar, Chennai - 600 082. ..Applicant in A.No.2193 of 2021 G.Abiraham, "Blessing Home", No.10, Erikarai Street, Subramanya Nagar, Tiruttani - 631 209, Tiruvallur District. ..Applicant in A.No.2194 of 2021 A.Selvaraj, Son of M.Arul Doss, No.7, Gopala Menon Street, Choolai, Chennai - 600 112. ..Applicant in A.No.2365 of 2021 J.Freedy Baskaran S/o Late S.Joel Samraj Area Manager, C.S.I. St.Paul Church, No.62, Hunders Road, Choolai, Chennai - 600 112. ..Applicant in A.No.2357 of 2021 Rev.W.S.J.Richardson, S/o Late. Rev.P.Wesley Brown, Area Manager, C.S.I. Church of Jesus the Lord, No.189, G.S.T.Road, West Tambaram, Chennai - 600 045. ..Applicant in A.No.2358 of 2021 Rev.D.Paul Jesudoss, S/o Late. J.Doraikkan, Area Chairman, Madras Suth Area, C.S.I. Church of Jesus The Saviour, No.30/5, Flower Street, Saidapet, Chennai - 600 015. ..Applicant in A.No.2359 of 2021 Rev.L.Gideon Dhinakaran S/o Late P.Lazarus, Area Chairman,Central Area, Madras Diocese, CSI Govdie Memorial Church, No.64, Kambar Street, Thiruvallur, Thiruvallur District. ..Applicant in A.No.2360 of 2021 P.J.Nishkalavani, Wife of Thomas Barnabas, Secretary, Madras Diocesan Council Member, St.Paul Church, situated at Mugaliwakkam Pastorate, CSI Mission, Chennai - 600 116. ..Applicant in A.No.2356 of 2021 Ruban Doss S/o Yesu Doss No.42, Kinathu Theru,Melarumbakkam, Nagavedu Post, Arakonam Taluk, Ranipet District - 631 002. ..Applicant in A.No.2355 of 2021 vs
1. The Bishop Rt.Rev.Dr.J.George Stephen S/o Jeyaraj, Bishop in Madras, Church of South India, No.226, Cathedral Road, Chennai - 600 086.
2. The Diocese of Madras, represented by its Secretary, Reve.Dr.Manuel S.Titus S/o Rev. Manuel Swaminathan, Church of South India, No.226, Cathedral Road, Chennai - 600 086.
3. The Most Rev.A.Dharmaraj Rasalam, The Moderator, Church of South India, Synod Secretariat, CSI Centre, No.5, Whites Road, P.O.Box No.688, Royapettah, Chennai - 600 014.
4. The Church of South India, Synod represented by its General Secretary, CSI Centre, No.5, Whites Road, P.O.Box No.688, Royapettah, Chennai - 600 014. ..Respondents/Defendants Judges summons issued under Order XIV Rule 8 of O.S.Rules read with Order 1 Rule 8(3) of C.P.C. to implead the applicant as the party/
defendant in C.S.No.196 of 2021.
For Applicant in A.No.2365 of 2021 : Mr.M.Mohanraj For Applicant in A.Nos.2370, 2371,2393
2369, 2366, 2367, 2368 &
2194/2021 : Mr.S.V.Karthikeyan For Applicant in A.No.2306/2021 : Mr.A.R.Karunakaran For Applicant in A.No.2309/2021 : Mr.N.Rajan For Applicant in A.No.2355/2021 : Mr.V.Raghavachari for Mr.M.Kempraj For Applicants in A.Nos.2356 to
2360/2021 : Mr.R.Singaravelan, Senior Counsel for Mr.C.K.Chandrasekaran For Respondents 1 & 2 : Mr.P.S.Raman, Senior Counsel for 1st Respondent Mr.V.Vijaya Narayan, Senior Counsel for 2nd Respondent for Mr.V.P.Raman For Respondents 3 & 4 : Mr.V.Prakash, Senior Counsel for Mr.Adrian D.Rozario A.No.2305 of 2021
1. The Bishop Rt.Rev.Dr.J.George Stephen S/o Jeyaraj, Bishop in Madras, Church of South India, No.226, Cathedral Road, Chennai - 600 086.
2. The Diocese of Madras, represented by its Secretary, Reve.Dr.Manuel S.Titus S/o Rev. Manuel Swaminathan, Church of South India, No.226, Cathedral Road, Chennai - 600 086. ..Applicants/ Plaintiffs Vs
1. The Most Rev.A.Dharmaraj Rasalam, The Moderator, Church of South India, Synod Secretariat, CSI Centre, No.5, Whites Road, P.O.Box No.688, Royapettah, Chennai - 600 014.
2. The Church of South India, Synod represented by its General Secretary, CSI Centre, No.5, Whites Road, P.O.Box No.688, Royapettah, Chennai - 600 014. ..Respondents/Defendants Judges summons issued under Order XIV Rule 8 of O.S.Rules read with Order VII Rules 14(3) of C.P.C. to permit the applicants/plaintiffs to file 1) email communication dated 25th June, 2021 sent by the Commission appointed by the First Defendant to the 1st Plaintiff and 2) reply email dated 25th June, 2021 sent by the 1st Plaintiff to the commission appointed by the First defendant and 3) revised reply email dated 27th June, 2021, sent by the 1st Plaintiff to the commission appointed by the First Defendant as additional documents in the above C.S.No.196 of 2021.
For Applicants : Mr.V.P.Raman For Respondents : Mr.V.Prakash, Senior Counsel for Mr.Adrian D.Rozario

COMMON ORDER

The matter is taken up through web hearing.

The applicants herein are the plaintiffs in the suit. The prayers in the suit are as follows:

i) to declare that the action of the Defendants under letter dated 29.05.2021 appointing a Commission to inquire into the complaints regarding the conduct of the Diocesan Council Meeting and the elections of CSI Diocese of Madras held on 13th and 14th April 2021 or any further action by the defendants in any other manner in interfering with the internal affairs of the plaintiff Diocese which is contrary to the law, to the provisions of the Constitution of Church of South India of the (Synod) as well as the Constitution of the Church of South India Madras Diocese as illegal and void;

ii) To grant permanent injunction, restraining the defendants their nominees, appointees, representatives, assignees, administrators, executors and agents from interfering with the internal affairs and administration, including the conduct and business of the Madras Diocesan Council of the Plaintiffs, the election disputes with respect to the various Committees of the plaintiffs Diocese, as well as ministerial stationing transfers, in any manner contrary to the Law and to the provisions of the Constitution of Church of South India of Synod as well as the Constitution of the Church of South India of Madras Diocese.

2. The facts and the circumstances that constitute the background to the filing of the present Suit and the Original Application are briefly stated hereunder.

i) The 1st applicant is the Bishop of Madras Diocese of Church of South India. The 2nd applicant is the Diocese of Madras represented by its Secretary. The 1st respondent is the Moderator of the Church of South India and the 2nd respondent is the Church of South India represented by its General Secretary, hereinafter referred to as the CSI. Election to Madras Diocese Council is held every three years in the ordinary meeting of the Council in the month of January of the year when the tenure of previous elected council expires. In the present case, the previous tenure of the Madras Diocese Council, hereinafter referred to as the MDC, expired in January, 2021 and for any reason, if election could not be held in January in terms of the provisions of the Constitution of the CSI as well as the Constitution of the MDC, the election should be held within three months from the due date.

ii) The election to the MDC could not be conducted in January, 2021 due to Covid-19 situation. However, in order to meet the dead line for the conduct of election to the MDC, the election was scheduled on 13th and 14th of April, 2021. The MDC consists of 690 members in total, out of which, 230 are presbyters and the remaining 460 laymen. These members constitute the electoral college of the MDC.

iii) The election is to be conducted from among the posts of Bishop, Secretary, Treasurer and members to various Committees/Commissions functioning under the Constitution of the MDC. The elected Bishop would be the ex-officio President of the MDC in terms of the provisions of the constitution of the CSI.

iv) When the election was scheduled on 13th and 14th of April 2021, during that time, the Government of Tamilnadu had issued series of guidelines in the form of Government Orders regulating large assembly of people as a cautionary measure for containing the spread of Covid-19 virus. One of the Government Orders specified that more than 200 persons could not assemble in a particular place for any function or for any activity. In view of the restriction of assembly of people in one place, the voting was arranged in five different venues. The transport facilities were also arranged for the voters to cast their votes in the election at the chosen venues.

v) The elections were conducted as scheduled on 13th and 14th of April, 2021 and the first applicant has been elected as the Bishop of Diocese of Madras. By virtue of his election as the Bishop of the Diocese of Madras, the 1st app

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