Karnataka High Court
Jacobite Syrian Orthodox vs The State Of Karnataka on 13 March, 2012
Author: K.Sreedhar Rao
Bench: K.Sreedhar Rao
iN 1] IF HIGI I (OFPT OF' KARNIA ['AKA Xi' I-ANGAL()RF'
DAILD IHIS IIIE 13 ' DA' OF MARCh 2012
PRESENI I
iRi. HO\ 1--iLE \1R. J &1ICF K SHEEDIIAR RA
ANL)
HIE F1ONBLE MR JIJSFIC F' V SLRJ PPA RAO
V No 5749J201 1 (GM KSRJ
BETWEEN:
Jacol)itc Syrian Urtlmclox Soeierv.
No 13, Queclis Road.
Bangalore 960 052
By its Seeretaiv Appellant.
(By Sri' Padmanabba IVIahaie. Sr. Counsel for
Sri KS Naaraja Ra and Associale)
\N H
Ih StaR of Karnataka
By its ( hid Sretaix
\idliana Suidh.
E-3aitaior-',
2 Via Roisti dF uI tiid i1hi
IaIF'aoi Ii )
F aii&,
ir K \1 ispii
t--d il);i! I 0 \
C) [noi
Dl' 1lI
S I (2 2
.
This Writ Appeal is filed under Section 4 of the
Karnataka High Court Act, 1961 nw Rule 27 of the Writ
Proceedings Rules. 1977, praying that this Hon'ble
Court be pleased to call for the records, set aside the
order dated 12.04.2011 passed by the learned Single
Judge in W.P. No.18981/2009.
This Writ Appeal coming on for Hearing on l.A.
this day K. SNEEDHAR RAO. J., delivered the
following: -
JUDGMENT
Jacobite Syrian Orthodox Society is one of the prominent Sect in Protestant Christianity. Jacobite Syrian Christians of Bangalore living In and around Bangalore formed themselves into a Registered Society under the Societies Registration Act. 1960. The objects of the Society as per the Registered Memorandum are as follows:
oObjectives:
a) U To promote the moral arid spiritual well being of the members of the Jacobite Syrian Orthodox Church who reside In and around Bangalore and to provide places of corporate worship where ihey can practice unhindered -3- 11w high traditions. precepts rind Jaith a' handed clown Ic; their Iäthers as 0! old iron.
the 1-kAy Apostolic throne qf Anuirich arid 411 the Last.
ill Any person who repudiates the authority qi I-its Holiness the Patriarch qi' Antioch and All the East or questions, chsrL'cJards or disobeys any InstntctInns Issued by His Holzncss from time to lime on matters ojfaith order an clisciplliw shall have no right or title to any qf the movablel immovable properties ol The Society bi lo establish. condu I. nianage. promotc.
flit lilitOin. equip (Old 'wlrninister soc. icd we(frire c''ntres ic( Inucal training centres ILICWWflCL LSIIIWOIS ltsic sriø' rphr n iqes wdic 1 aId r Ire adir rncgns. r"i1UiUtili1l dci -clcipn iou proc.,; ammo :J('j :se:&r 'a ti'll't ' Ity. ',t •ØJ tJi 1,'OligLfl r, he ibc'r' ) U Ic bi.
"iThJ-- L"I I. .'kli;..q. •.: £ Jtt'i .', T 'CS i.,qIjg' .d'i s 1. t. T7g % h I., !or the purpose hereol. mcaj think proper to au Lire.
ci To cousin (Cl I IpOn (mu premises acquired bil The Societij ant) building or buildings for the purpose of The Society, and tO alter, add to or remove from, any building or structure upon such premises.
To sell, improve, manage, develop, exchange, lease or let under lease, sublet, mortgage, dispose of or otherwise (lecil tt'itli nil or an part of the property of The DocieftI. To collect, receive qifts. donations or contributions in money or kind from individuals, lirms. corporations or institutions, 'Tm •-wmn-,m I .-, .4 .4.. 1...-. :
i , p jg ,
-,
t# tu
,-, -,
IJLJ fit LI
.-,,
atiey (tI IL
publishing books pamphie is, lectfiets,
magazines and other documents. These
acttvlties shall be carried on only fOr the promotion of the objectives f The Society on a non. profit busts.
Receit...'r.. store and dist.ribz...tt.e a mono th.e needtj. qiji si tpp ies zncwdu iq iooa. medicines. clothing. equipment and maieriuls and to assist other agencies or orqumsa 11005 rind /or 0' S bodies engaged in the receipt, storage and/or dLs fributton thereof among rhc needy. lb appeal and raise subscriptions, grains and loans, whether st'cwc d ot wwcurcd in sac h a manner as The Society may think fit ji To appoint, employ. train, equip and/or pay any agents arid workers arid other ctajJ and personnel.
To hokL administer disperse. dispose of (md/Or apply properftj. both movable and liilnZoVCible.
1) To czccurnu.lczr.e the income c?f 77w Society or any part thEreof for such period(s) and purposes as The Socwty may dcern lit ml lb invest till or any ot tht monies mr Ow thac..
being held Ins The Society in sW h securities 't such terms md C H ditior s Ft Societi 1(111 OSid ilcbl '70 T'CUI,q ('OflL'cT' (iigl, flY Is' Iron' tune It' 'irq 'ill I11OflltS. p'op'r'a's sc. 1 rsrftj'ç tOCltc, sbojc or ) I Ci ft $Ii'IL IL '4 a. j kin 1 tc 0 1. E - 1
b)O1( I )S Ii 1 'Iiict lit SC C 0.' C .4 JXZ 'i't"( V., ,9'ij ;.
' rir. (I ('t)'Z7'( ff9fl flY' :1'
.• i'( Si' iI 1
'7v II" :' turd: ...
- 6
01 Fo recover rent or license fec's or other
charges in connection with at iii properi
vestal in or held by The Society or in
connection with any service rendered by hit Sc-cze4j p1 To acquire by purchase. amnlqczrnatk,n or otherwise the undertaking and or operations qf wzy other agency, oipanisation or body with similar objects.
qi Fo promote. subscribe to and/or assist other aqenctes. organisations. bodies u'ith objectives similar to those of The Society.
r) To pay out of the funds of 17w 'aoczcty all e'cpenses qJ n incidental to the for rnatxon and ,nanaqemcnt cii The Soc it'ty To open mci operate arc ounls of ansi lest ription is i.th ant, Bank or Banks ike. a cpt crdor £ nO v'n
i)rc),nisconl tint.'.'-. 1,111% qI x htincie cml art', ,ilicr iunjoti.it,ls' jJ1%1TL?i'flS.
ro U unit xci act cjc'nd aeri'c s i"
TI. t I iT
4an kin'! jo aq us hi S'ca it I
7
v.1 lb dccii u'iiiv other ituijul thingIs which (WE)
incidental to or concluc Ice to the auaznnvrnt ol
the objath'es qi flu Soc wry
1. I'RO'i II lED that the incoinc.' arid prcqwrtj qj The Society. however, derived shall be applied solely rou'ards the promotion of the objectives qi The Society as set forth above, and the swnc shall be ck'eirned to be held and they shall be exclu.sh'ely so utilisecl and for no other pwpose. AND no part of the Income or property qforesatd shall be paid, used, applied. transjèrred directly or indirectly, by way of dividend. bonus or otherwise or fee to the members of The Society or to anyone or more of them or for any purpose whic it is nut charitable and re'liqtous within the meaning qf the Income Tax Law Pr the Limi being t Jora in lidia provided thix Its s all l prtvcnt al,iw I in cooci,, sib of cmii rattcr In a j qfftcc r, serrtuhr 'n n,c,nbc r C"! Ilu' Sc icu, Jut the sen'ice ictualu rtr hired r e'xjX is s week ssly ahon cd I £ for cci it it 1, ihi fl'VJlL 'tq€ Jj4,F'Qc, (iEsJfj'ltiIl':l he'd it' Vie kit inc '.u '1 'hc is .4 Ic c ( II I ii )i' K' 'J i 'l'u 1"! '3 (' fi 1:':.'7 ". 'r'Jjflag ;,) j:; It .. t. lfi S R-'yiilcuinns ol 7'li' St'cieuj. LILt? rnaiiujt?rlzeilL ni the c/czirs qi The So't'Uj is entrusted ure us under Name Ag Address Designation Occupation MrG.M. Mathews 62 1084, 2d President Retd, Govt.
Stage, Official
- Barigalore38
Mr.K. Thomas 40 10, Lcrngford Vice Business
Rd., Bangalore President
25
Mr. M,K. Thomas 64 9, Rhenius St. Secretary Retd,
Bangalore 25 Company
Qfftcial
Mr.K.M, Joseph 42 98, 1st Stage Treasurer Engineer
Ban,galore-38 --
Mr.K,C.Koehumman 68 'A' F" Stage, Member Reed,
Indiranagar. Company
- .
Mr. P.C. Kurien 52 76. Lavelle Rd. Member Company
_______ galore-i. Executive
Mr.C.K. Thomas 42 26. 1" Cross, Member Company
Wheeler Road, Executive
jg_alorc-5
Mr. P.M. Thomas 45 23, Spencer Member Business
Rd.Baglore-5
6. The Secrelury ol The Society is hereby
(Iuthorrsed to correspond n hehaf of (he nrnhers
vU t ic Regis (mr
c-. - 'It i;'- ii
-9-
.
Church Society and there were civil litigations which ultimately ended up in favour of the respondent No.3, whereunder ft was declared by the Courts that the expulsion is illegal, the 3n1 respondent is continued to be the member of the Christian Society.
3. The 3M respondent had made several complaints against the Office bearers of the Society for misuse of office and pilferage of the Society funds and he requested the respondent No.2 to initiate action and enquire into the affairs of the Church and the Society.
In the first instance, the 2nd respondent passed an order to the effect that he enquired into the affairs of the Society but not the Church since the Church is not the integral part of the Society. The first order was challenged in W.P. No. 44042/2001. This Court directed the respondent No.2 to hold enquiry under Section 25 of the Societies Registration Act.
4. -10-.
4. The respondent No.2 after holding enquiry found that the Church is not part of the Society and the complaint is false and there is no mis-management in the Society; The 3n1 respondent filed W.P. No. 44171/2005. ThIs Court allowed the writ petition and directed the 2nd respondent to give an opportunity to 3n1 respondent to prove the allegations made by him In the complaint. The 211d respondent held the enquiry. again I found that there Is no mis-management and also that the Church Is not the unit of the Society. The 3"
respondent filed W.P. Nos.9434/2006 and 9585/2007 challenging the order of 2nd respondent dated
22. 04.2006. The writ petition Is allowed and remitted the matter to respondent No.2 for reconsideration.
5. The Registrar again held enquiry and passed an order that there Is no misapproprIation and mis management and found that the Church is not part of the Society vide order dated 29.08.2009.
'I 6 It held that the Church N an Inclependein body Iia'smi, it' own constitution but imrnoiabk propeit Ofi which the ('hur°h is %ituate is a part of the Society. It is also found that the salary and income and expenditure of the Church Is paid by the Society irid finds that there is 110 mis-management. The petitioner challenged the order in W F No 9434/2006 The said wnt petition is allowed and the matter 1% renutred back to the resjxwident No.2 for fresh enquiry The Registrar by ordei dated 23.042009 again found that there Is no nils ii Lu uugc 'itieiit. ii iisappropriaticn Of I ht- aflairs 01 the' So wty nd nt thc Chur ii id F i. i of he Sc tv he s d at r N iallt- ed i silt 1 tirio jfl 'I ear S e Ut inc 'Ii 1i t.
•'b'c r .TIGt1'
r
1 ü. 1
a L (nil £ 41 1' '1 i,ct ; £
12
impugned report iriso/dr as it declares the Church
as an independent unit based on the resolution passed in the special general body meeting, is quas bed. The earlier finding that the Church is a unit of the Society is affirmed. The Registrar is dtrected to conduct a detailed enquiru into:
(1,1 the matter relating to constitution of the soclety. membership. tern una Lion of membership, etc, with reference to its bti-lau's:
(ii) junctzoninq of the society keein in mind the allegations made in the complaint by the complainant: and (itO the management and functioning of the socieuJ and alleged tInanciai irregularity.
tie is iurliier directed to expedite the enqtLry and ensure that material documents/records of the societe are seen rca. either by direr [inn the persons in r siraaqement or to seize th.e same, if necessanj. .[n the result, Rule is m.ade absolute".
and has •iflowed the writ petition and remitted the [fl ]ttPr thE 1 res on en to (5flflcic. enquiry. The I' I, Society aggrieved in the said order has filed this writ q 'iral.
R. Ti is in par;r 3(a) cf dir obyct. if tiw Srxut that to promote the moral and spiritual well being of tire nicinhers of the Jacobite Srian Orthodox Church. a corporate plact of worship Is to be established lire 31 respondent in person argued this caqe and submits that the Clii irclr wa' alread in eiistence tire Society which aine Into Ix mg in torc e aftenvards. Tn ie' of the )bjeet% rook over the Church as a part of the unit of thc.
aocit t! and %nIftecI tire premise ol the ( hun Ii which 'was situ ted cisc clier c hit pre ius wi en Thu..
out' V 1' l'iri ''OP Tb.! € 'ti irl% 'iuIa(Ii 1 i)Uiii. 1%
iso nini in, 'ie R'wstv I tii it (A) 'Iii. in, 1it1
w e.ptn n.ir .tth C hutch fufl m-I n I tud'
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-14-
regard the members ol the Society passed a Resob ition in the General I3odv 1 The appellant referred to the pio 1'$'nt% of Set fion 3 of the Kamataka Societies Registration Act. which reads as follows 'Sncietk's 10 width the Act applies. The foliou'Inq Societies may be registered under this Ac I Societies established Jo' Ia) the promotion of charity:
fbI die promotion olcilucation. science. literature, or thE fine arts Ce) the promotion w4 sports:
(dl thc usir ic tic it a id he- 4Jt ior 4 - to ledje vfrttina Sc rnrnnrrLL ii trwlu'Jru t'.'of (tTL orh r uscjul k'ecnLLc'clqc ft a ifi to 1 It ltdjc,c )r (0 !lu !)'U"kd')lI 1); rrWAitItPfltu!ri' "I Ijj)J 1rus 0i ' £ r ,ut,,thrr or ''pci. u, thc p.
hltc
4 "r o, public 'd' 11! 1 1 jbc I GAIL lC 114. )Lt or n 4,1 15 Lii) the promotion°I cnnsen'atio and iroiet use qt natural resources and c awe infractruc tural jaciliries like lurid. power. u'at.er. fin-est and such other resourcc s and infraslrucuuaL taclihlies. as may be notf11cc! by the Stcue Got 'erit mew from tin-v.' to time:
(g) the collection qi natural hLstorq. nwchwncal and philosophical inventions, instruments or designs.
and which intend to apply their profits, if any, or other income in promoting their objects and prohibit the payment of any dividend or distribution qf riny inc on'te or profit among thea members.
10 It Is aruued thai the nhjutc.b Pu- whwh the So' lets, rouki bi i eØ%rel ed %hcnhld only for the purpose ot public harit stun arts nc tin ints, t . flu objet o rle St it iy 1. " ' d es lint J$ mi a Soc iay ft lx ltw%'erre: ' JlrQrflrfl& the ..bic.i ci chgio'is intsIi:p i b t ( C prnwr ' 4 olx'p w ''r-ICs I'' if itu is ua1 irnpli qtk,n-- '4 (1% lit ,r leNt is I.e 'i 1 " -ag tttr.bUI U) fl(1f Ii I i K I I . -16- However, the general body passed a Resolution to segregate the Church. The respondent No.3 was one of the members who attended the meeting of the General Body and he opposed the passing of the Resolution.
The Resolution is passed by majority of the members present. It is submitted that a Church has its own constitution and that the Registrar will have no jurisdiction to enquire Into the affairs of the Church.
11. The Respondent No.3 on the other hand, strenuously contended that the Church as part of the Society and it is impermissible for the Society to declare by the Resolution that the Church is separate entity.
There is a large-scale mis-management of the funds of the Church and as well the Society. Therefore, a thorough Impartial enquiry is necessary. The order of the learned Single Judge is sound and proper and does not call for Interference.
sit
a -17-
12. On thorough consideration of the facts and the material, we find that the Registration of the Society Is with one of the objects to promote and to provide a place for corporate worship. In that regard, the Church was already In existence was got amalgamated Into the system of the Society as an Integral part. The Registrar has found in every enquiry that there is no mis management and that the Church Is a differen t entity which does not constitute part of the Soc iety. The Resolution passed by the Society is by majorit y of the members present. The objects for which the Society could be established Is spelt out in Section
3. The provisions of Section 3 does not permit a religious activity as one of the objects. The objects mention ed in Section 3 of the Act are purely secular like Cha ritable, Education, Science, Literature, Arts, Fine Arts, etc. The spiritual activity cannot be valid object/obj ects for establishing the Society, which is not permitted under the Act. In that view of the manner. even If the Church . -18- was made an integral part of the Society earlier, it would beyond the permissible object U/s.3 of the Act.
12. The 3n1 respondent If he Is of the view that the functioning of the Church Is not proper and if there is any mismanagement In the affairs of the Church, he Is at liberty to file a suit U/s.92 of CPC for proper management and maintenance of the Church activity and also could seek prayer for framing of proper scheme in that regard.
In that view of the matter, the order of the learned Single Judge directing the Registrar to enquire Into the affairs of the Church Is set aside. The Writ Appeal is partly allowed.
Sd/ JUDGE sd/a JUDGE Rb