2024:MHC:1741 THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on Pronounced on

06.03.2024 12.04.2024 CORAM:

THE HONOURABLE MR JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR JUSTICE R.SAKTHIVEL O.S.A.Nos.198, 188, 190, 192 & 236 to 238 of 2023, 31 & 32 of 2024 and all the connected miscellaneous petitions O.S.A.No.198 of 2023:-

1.Dr.A.Seshadri

2.A.Selvaraj

3.S.Robert

4.Elizabeth J.Rani

5.G.Nalan

6.A.Vedaiah ...Appellants Vs.

1.Church of South India, Represented by its Moderator Most Rev. Dharmaraj Rasalam CSI Synod Secretariat, CSI Centre, No.5, Whites Road, Royapettah, Chennai – 600 014.

2.Church of South India Trust Association Represented by its Hony Secretary C.Fernandas Rathina Raj CSI Synod Secretariat, CSI Centre, No.5, Whites Road, Royapettah, Chennai – 600 014.

3.Most Rev.Dharmaraj Rasalam Moderator Church of South India, CSI Synod Secretariat, CSI Centre, No.5, Whites Road, Royapettah, Chennai – 600 014.

4.Reuben Mark

5.Zeam Enock

6.Sarjine Thomas ...Respondents P rayer 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.

For Appellants : Mr.Vineet Subramani For Respondents 1, 2 and 4 : Mr.V.Prakash, Senior Counsel for M/s.Adrian D.Rozario Respondents 3 and 6 : No appearance **********

C O M M O N J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)

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 27^th 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 1^st defendant.

b) Removing the 3^rd defendant from the office of Moderator of the Church of South India, the 1^st defendant herein, c) Consequently, removing the 3^rd defendant as the Chairman of the CSITA, the 2^nd defendant herein, d) Directing the 1^st defendant to hold fresh elections to the office of the Moderator of the Synod of the 1^st 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 certai