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2025 Supreme(Online)(Mad) 63373

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, J
S.Arul Mayer – Appellant
Versus
The Church of South India, Rep.by its General Secretary, CSI Synod Secretariat, CSI Centre, No.5, Whites Road, Royapettah, Chennai – 600 014. – Respondent


Advocates:
For the Appellants/Petitioners: Mr.V.Raghavachari, Senior Counsel for Mr.J.Kingsly Solomon, Mr.G.Prabhu Rajadurai for Mr.K.K.Udayakumar, Mr.Vineeth Subramani for Mr.P.P.Alwin Balan
For the Respondents:Mr.V.Prakash, Senior Counsel for M/s.Ajmal Associates for R1 and R2, Mr.N.Dilipkumar for R3, Mr.M.Lingadurai, Special Government Pleader for R4 and R5, Mr.T.Amjad Khan, Government Advocate for R7

ORDER

The Church of South India was constituted by the Union, in 1947, of the Madras, Madura, Malabar, Jaffna, Kannada, Telugu and Travancore Church Councils of the South India United Church; the South India Province of the Methodist Church, comprising the Madras, Trichinopoly, Hyderabad and Mysore districts, and the dioceses of Madras, Dornakal, Tinnevelly and Travancore and Cochin in the Church of India, Burma and Ceylon. It is an unincorporated body governed by what is called as the CSI Constitution. Its assets are administered by CSI Trust Association (CSITA) which is a registered company.

2.The Tuticorin – Nazareth Diocese comprising 113 Pastorates and 548 Churches was originally a part of the Tirunelveli Diocese. Each diocese is governed by a diocesan council. The tenure of the previous diocesan council expired on 25.05.2024. Election for the next triennium had to be conducted. Rule 12A and 12D of Chapter VIII of the Constitution of the Church of South India, 2016 read as follows:

“12 A) The term of the Diocesan Council shall be three years. The Diocesan Constitution shall also state the month in which the term of the Council would normally begin, so that elections to the Dioces

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