Madras High Court
G.John Kennady vs The Most Rev. Moderator on 8 September, 2020
Author: R.Mahadevan
Bench: R.Mahadevan
WP(MD)Nos.12111 and 12295 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 09.07.2021
DEVLIERED ON : 07.09.2021
CORAM
THE HON'BLE MR.JUSTICE R.MAHADEVAN
WP(MD)Nos.12111 and 12295 of 2020
and
WMP(MD)Nos.10425, 10542, 14483 and 15740 of 2020
G.John Kennady ... Petitioner in WP(MD).No.12111 of 2020
G.Selvan ... Petitioner in WP(MD).No.12295 of 2020
Vs.
1. The Most Rev. Moderator,
Church of South India,
5, Whites Road,
Royapettah, Chennai – 14.
2. The Tirunelveli CSI Diocese,
Rep.by its Bishop,
176B, Trivandrum Road,
Tirunelveli,
Tirunelveli District.
3. The Tirunelveli Diocese Trust Association,
Old No.18, New No.19,
North – High Ground Road,
Palayamkottai,
Tirunelveli – 627 002.
https://www.mhc.tn.gov.in/judis/
1/14
WP(MD)Nos.12111 and 12295 of 2020
4. The Registrar of Companies,
Ministry of Corporate Affairs,
Block No.6, 'B' Wing,
Second Floor, Shastri Bhavan,
D.No.26, Haddows Road,
Chennai – 600 006. ... Respondents
in WP(MD)No.12111 of 2020
1. The Most Rev. Moderator,
Church of South India,
5, Whites Road,
Royapettah, Chennai – 14.
2. The Tirunelveli CSI Diocese,
Rep.by its Bishop,
Tirunelveli CSI Diocese,
No.5, Punithavathiar Street,
Palayamkottai, Tirunelveli,
Tirunelveli District.
3. The Moderator's Commissary,
Tirunelveli CSI Diocese,
No.5, Punithavathiar Street,
Palayamkottai, Tirunelveli
Tirunelveli District.
4. The Hon'ble Administrators,
appointed by the Madurai Bench of Madras High Court
Tirunelveli CSI Diocese,
No.1680/8, North High Ground Road,
St. John's College Hostel Campus,
Palayamkottai, Tirunelveli – 627 002.
5. The Tirunelveli Diocesan Trust Association,
Old No.18, New No.19,
North – High Ground Road,
Palayamkottai,
Tirunelveli – 627 002.
6. The Registrar of Companies,
Ministry of Corporate Affairs,
https://www.mhc.tn.gov.in/judis/
2/14
WP(MD)Nos.12111 and 12295 of 2020
Block No.6, 'B' Wing,
Second Floor, Shastri Bhavan,
D.No.26, Haddows Road,
Chennai – 600 006. ... Respondents
in WP(MD)No.12295 of 2020
Common Prayer: Writ Petitions filed under Article 226 of the
Constitution of India praying for issuance of a writ of Declaration
declaring the communication of the 1st respondent dated 08.09.2020
fixing sangam in CSI Diocese at the amount of not less than Rs.300/- for
the purpose of election to the committee and councils as null and void.
WP(MD).No.12111 of 2020
For Petitioner : Mr.S.C.Herold Singh
For R3 : Mr.Veera Kathiravan, Sr.C.
For R4 : Mr.S.Jeyasingh
WP(MD).No.12295 of 2020
For Petitioner : Mr.N.Dilip Kumar
For R3 : Mr.Veera Kathiravan, Sr.C.
For R4 : Mr.Thangasivan
For R6 : Mr.S.Jeyasingh
COMMON ORDER
Heard all the parties and perused the materials placed before this court.
2.The relief sought in these writ petitions is to issue a declaration, declaring the communication dated 08.09.2020 issued by the first https://www.mhc.tn.gov.in/judis/ 3/14 WP(MD)Nos.12111 and 12295 of 2020 respondent, thereby fixing Sangam amount at not less than Rs.300/- for the purpose of election to the Committee and Councils, as null and void.
3.According to the petitioners in both the writ petitions, the Tirunelveli Diocese, a century years old, is maintaining totally 749 churches. There are 130 Pastorates grouped in six church councils in the Districts of Tirunelveli and Tenkasi. The affairs of the Diocese and administration are managed and controlled by the elected office bearers. The executive committee of the Diocese is the General Body of TDTA, a registered company under the Indian Companies Act. Hence, the elected office bearers and members of the Diocese Executive Committee exercise administrative control over the Educational institutions as well as hospitals and properties of the diocese etc. The petitioners further averred that the election for the Diocese would be conducted once in 4 years in four phases. Though the elections were held during 2011, the same was challenged, which ultimately resulted in conduct of election on 23.04.2017 under the aegis of this Court and the elected body assumed office. In the mean time, several writ petitions viz., WP.(MD)No. 21134/2017 etc. were filed questioning various decisions of the Diocesan Executive Committee and the same were disposed of, by order https://www.mhc.tn.gov.in/judis/ 4/14 WP(MD)Nos.12111 and 12295 of 2020 of this Court dated 05.08.2019, by appointing two retired Hon'ble Judges as Administrators, for the purpose of conducting fresh election to CSI Diocese. The said order was put to challenge before a Division Bench, which also by judgment dated 25.02.2020 in WA.(MD)No.878 of 2019 etc batch, confirmed the order of this Court dated 05.08.2019 passed in the said writ petitions. When the things stood thus, an issue pertaining to the fixing of sangam amount as to whether it should be Rs.100/- or Rs. 300/- per year, was raised before the learned Administrators, who referred the same to the first respondent / Moderator for his decision. The first respondent / Moderator by proceedings dated 08.09.2020 communicated that the sangam amount for the purpose of election to committee and councils, shall be the amount not less than Rs.300/-. Feeling aggrieved, the petitioners have come up with these writ petitions for the aforesaid relief.
4.The learned counsel for the petitioner in WP(MD)No.12111 of 2020 submitted that inasmuch as the sangam for the purpose of election to the committee and councils shall be the amount not less than Rs.100/- as per the recommendation of the pastorate committee and as approved by the Diocesan Executive Committee in terms of Chapter I A Rule 9, https://www.mhc.tn.gov.in/judis/ 5/14 WP(MD)Nos.12111 and 12295 of 2020 the impugned communication dated 08.09.2020 issued by the first respondent / Moderator, thereby enhancing the sangam amount to Rs. 300/-, without the recommendation of the pastorate committee, is violative of the Constitution of CSI Diocese. Adding further, the learned counsel submitted that as per Chapter I B General Rule 8, the resolution relating to revision of sangam has to be read out by two successive readings in the Diocesan council, whereas the same was not followed and hence, the sangam amount cannot be increased to Rs.300/-. It is also submitted by the learned counsel that payment of sangam amount is a mandate and eligibility criteria for casting vote as well as for contesting the election and therefore, the sudden increase without any notice and opportunity to the church members would amount to taking away the democratic right of the members of the Tirunelveli Diocese.
5.It is contended by the learned counsel for the petitioner in WP(MD)No.12295 of 2020 that the increase of sangam amount from Rs. 100/- to Rs.300/- was earlier placed before the 268th executive committee meeting held on 15.05.2017, wherein it was declared as illegal and the enhancement was cancelled, based on which, the sangam was fixed at Rs.100/- in the election notification for the financial year 2015-16. https://www.mhc.tn.gov.in/judis/ 6/14 WP(MD)Nos.12111 and 12295 of 2020 Therefore, the first respondent / Moderator has no locus standi to take one such decision and the impugned communication issued by him enhancing the sangam to Rs.300/-, has no legs to stand.
6.Mr.Veera Kathiravan, learned senior counsel appearing for the Moderator's Commissary drew the attention of this court to the counter affidavit filed by the third respondent and submitted that the general rules regarding the qualification of voters for all the committees and councils are laid down in Chapter I (B) of the Constitution of the Diocese of Tirunelveli, which is followed by the members of the CSI Diocese till date; and as per Chapter I (B), Rule 9, the election rules are only the bye-laws of the CSI Diocese and it cannot be treated as a parent law. Adding further, it is submitted that as per Chapter I(B), General Rule 8, the parent law of the Diocesan Council can be amended only after the two consecutive Diocesan council meeting with the 2/3rd majority of the members voted. The learned senior counsel also submitted that the resolution for enhancing Sangam amount from Rs.100/- to Rs.300/- was placed before the Diocesan council meeting held on 12.11.2015 and the same was duly approved and it was also given assent by the Bishop. Subsequently, the said resolution was placed before the Executive https://www.mhc.tn.gov.in/judis/ 7/14 WP(MD)Nos.12111 and 12295 of 2020 Committee held on 06.06.2016 and was duly passed, based on which, the Constitution of the Diocese was also amended; since the elected body has not conducted any Diocesan Council meeting to ratify the said amendment till date, the sangam amount is only at Rs.300/-. Thus, according to the learned senior counsel, the enhancement of sangam amount is only as per the rules and bye-laws for the welfare of the Diocese and hence, the same warrants no interference at the hands of this Court.
7.Mr.Bharathan, learned counsel representing the members of elected group and Tinnaveli Diocese Trust Association (TDTA), submitted that as per Chapter I A Rule 9 of the Diocesan Constitution, the sangam for the purpose of election to committee and councils shall be the amount not less than Rs.100/- as recommended by the pastorate committee and approved by the diocesan executive committee and the rate so determined shall be the same for eligibility to become a voter. The learned counsel also submitted that as per Chapter I B, Rule 8, it may be altered by a two third majority of those present and voting at two successive meeting of the diocesan council separated by an interval of not less than 11 months, whereas in the present case, there is no second https://www.mhc.tn.gov.in/judis/ 8/14 WP(MD)Nos.12111 and 12295 of 2020 reading in compliance of the said rules and therefore, the Bishop cannot claim that sangam amount is fixed at Rs.300/-. Hence, the learned counsel prayed to fix the sangam amount at Rs.100/- per year.
8.Mr.G.Prabhu Rajadurai, learned counsel appearing for the parties belonging to different Pastorates, referring to various provisions of the Constitution of CSI Diocese, submitted that the rules for election is governed by bye-laws, as per which, the quantum of sangam amount is only Rs.300/- and that the communication of the General Secretary dated 17.09.2020 sent to the learned Administrators, requesting not to effect the resolution of enhancing the sangam amount to Rs.300/-, is only his personal opinion. However, he submitted that the Synod has not taken any decision as regards the enhancement of sangam amount to Rs.300/- and the same has not been provided in the Constitution and hence, the members of the Churches have necessarily to pay the sangam amount as mandated.
9.Such being the submissions of the learned counsel appearing for the respective parties, this court, by order dated 05.11.2020, having https://www.mhc.tn.gov.in/judis/ 9/14 WP(MD)Nos.12111 and 12295 of 2020 considered the urgent need as enumerated in the Administrators' reports numbering 1 to 4, directed the Administrators to conduct elections to the CSI Diocese, forthwith, after following due procedures. While issuing such direction, this court has observed that the list of eligible voters shall be prepared, irrespective of payment of sangam as Rs.100/- and above by the members and the quantum of sangam amount at Rs.100/- or Rs. 300/- shall be determined at the time of disposing the present writ petitions.
10.After commencing the election process by the Administrators pursuant to the order of this court, taking note of the fact that the constitution of CSI diocese mandates the sangam, which is a prime factor for casting vote in the election, this court, as agreed by the learned counsel appearing for all the parties, vide order dated 05.01.2021, directed them to file memos to the effect that the members, who paid less than Rs.300/- towards sangam amount, give an undertaking before the Election Officer that they will abide by the verdict of this court with respect to the sangam fee. Accordingly, the petitioners / parties filed their respective memos before this court.
11.However, the learned Administrators in their report no.7 dated 07.01.2021, specifically pointed out that there are about 70641 members, https://www.mhc.tn.gov.in/judis/ 10/14 WP(MD)Nos.12111 and 12295 of 2020 who have paid less than Rs.300/- per year as sangam and that, granting permission to vote/contest upon giving an undertaking, will create legal complications with respect to the election process. In view of the same, this court by order dated 11.01.2021, modified the earlier orders and directed the congregation members, who have paid less than Rs.300/- towards subscription / sangam, to pay the balance amount for three years to the Pastorate Chairman / in charge of the church concerned and produce the receipt to the Election Officer, if required, for casting their votes.
12.Following the aforesaid order dated 11.01.2021, all the members have paid sangam amount at Rs.300/- per year for three years and the Administrators conducted the four phases of election for CSI diocese in a free and fair manner. Now, the elected body assumed the office.
13.Be that as it may, it would be relevant to refer to paragraph 9 of the report no.4 dated 01.09.2020 filed by the Administrators, wherein, it is stated that having regard to the fact that the candidates can contest only on the basis of the sangam payment in the church concerned, the https://www.mhc.tn.gov.in/judis/ 11/14 WP(MD)Nos.12111 and 12295 of 2020 Administrators, by proceedings dated 17.08.2020, decided not to determine the issue relating to payment of sangam whether it should be Rs.100/- or Rs.300/- at this stage and ordered to continue the same position and also requesting the newly elected body of the diocese to consider the said issue, after ascertaining the views of the general body of the church concerned by conducting secret ballot.
14.At this juncture, it is to be noted that as per Rules 13 and 14 of Chapter IX of the CSI Constitution, the Synod is the supreme governing and legislative body of the Church of South India and the final authority in all matters pertaining to the church. It has power to make rules and pass resolutions and take executive action as may be necessary from time to time for the general management and good government of the church and of the property and affairs thereof. Therefore, having regard to the admitted fact that as per the Constitution of CSI Diocese, the payment of sangam is mandatory for casting vote as well as for contesting the election and accordingly, all the members have paid sangam at the rate of Rs.300/- and also considering the object with which the institutions, both educational and health care, being run by the Diocese of Tirunelveli and administered by Tinnevelly Diocesan Trust https://www.mhc.tn.gov.in/judis/ 12/14 WP(MD)Nos.12111 and 12295 of 2020 Association and the sangam so paid is only for the welfare of the institutions, this court deems it fit to leave this issue at the hands of the Synod, which can decide the same, after convening a meeting with the aid and assistance of the newly elected body and upon providing an opportunity of having heard to all the members of the churches. Such an exercise shall be completed by the Synod within a period of eight weeks from the date of receipt of a copy of this order.
15.Accordingly, both the writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
07.09.2021
Index : Yes/No
rk
To
1. The Most Rev. Moderator,
Church of South India,
5, Whites Road,
Royapettah, Chennai – 14.
R.MAHADEVAN, J.
rk
2. The Bishop, Tirunelveli CSI Diocese,
https://www.mhc.tn.gov.in/judis/
13/14
WP(MD)Nos.12111 and 12295 of 2020
176B, Trivandrum Road,
Tirunelveli, Tirunelveli District.
3. The Tirunelveli Diocese Trust Association, Old No.18, New No.19, North – High Ground Road, Palayamkottai, Tirunelveli – 627 002.
4. The Registrar of Companies, Ministry of Corporate Affairs, Block No.6, 'B' Wing, Second Floor, Shastri Bhavan, D.No.26, Haddows Road, Chennai – 600 006.
5. The Hon'ble Administrators, Tirunelveli CSI Diocese, No.1680/8, North High Ground Road, St. John's College Hostel Campus, Palayamkottai, Tirunelveli – 627 002.
Pre-delivery order in WP(MD)Nos.12111 and 12295 of 2020 07.09.2021 https://www.mhc.tn.gov.in/judis/ 14/14