Full Judgment Text
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PETITIONER:
MOST REV. P.M.A.METROPOLITAN AND ORS. ETC.
Vs.
RESPONDENT:
MORAN MAR MARTHOMA MATHEWS & ANR. ETC.
DATE OF JUDGMENT: 05/02/1997
BENCH:
B.P. JEEVAN REDDY, SUHAS C. SEN, S.B. MAJMUDAR
ACT:
HEADNOTE:
JUDGMENT:
THE 5TH DAY OF FEBRUARY, 1997
Present:
Hon’ble Mr. Justice B.P.Jeevan Reddy
Hon’ble Mr. Justice Suhas C.Sen
Hon’ble Mr. Justice S.B. Majumdar
C.S. ‘Vaidyanathan, Harish N.Salve, F.S.Nariman, Raju
Ramachandran and T.L.V. Iyer, Sr. Advs., P.K. Manohar, roy
Abraham, Ms. Baby Krishnan, E.M.S. Anam, Ms. Lily Thomas,
Ms. K. V. Vijayakumar, P.J. Philips K.V. Mohan, T.G. N.
Nair, Ranjit Thomas, Sudarsh Menon, and S. Balakrishnan,
Advs. with them for the appearing parties.
O R D E R
The following order of the Court was delivered:
These matters are posted before us for orders with
respect to the drafting of the decree pursuant to this
Court’s judgment delivered on January 20, 1995. By order
dated March 25, 1996, we had requested Ms. Manju Goel,
Registrar (Judicial - II) to prepare the decree in the light
of the judgment aforesaid, after notice to both the parties.
The learned Registrar had drafted a decree to which both
parties filed objections. In view of certain contentions
raised by the parties, the matter was remitted to the said
Registrar for revising the draft of the decree. She has
accordingly prepared a revised draft decree to which again
both parties have filed objections. We have heard the
counsel for both the parties and direct that the decree
shall be prepared in following manner.
In the first instance, the decree shall set out the ten
clauses found in Para 142 of the Judgment.
Then it shall set out the following portions from Para
141 of the Judgment. The first portion in Para 141 starts
with the words, "We are, however, of the opinion that in
this suit no declaration can be granted affecting the rights
of Parish churches" and ends with the words "any title to or
control over the properties held by the Parish churches".
The second portion in Para 141 begins with the words, "In
the state of such a pleading, the only observation" and ends
with the words "insofar as the said Constitution provides
for the same".
The decree shall then set out Para 150 which deals with
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Kananaya church.
The decree shall then say that the decree passed by the
High Court (decree under appeal) shall stand modified to the
extent indicated above.
PART II
In Part II of the order dated March 25, 1996, the
following sentence shall be inserted before the last
sentence: "The above direction is subject to the condition
that any and every person claiming to hold any office or
post in this church shall be bound by and shall swear
allegiance to the 1934 Constitution".
PART III
In Part I of the order dated March 25, 1996, we had
directed that Articles 71 and 46, as drafted by us shall
stand substituted in the place of the existing Articles 71
and 46 in the 1934 Constitution with effect from the date of
the said order. In Articles 71 and 46, which were directed
to be so substituted, an error has crept in. Instead of
mentioning "members of the Parish Assembly", the word
"families" is used. We, therefore, direct that wherever the
word "family" or "families" occur in the said two Articles,
as drafted by us, they shall be substituted by the words
"member" or members", as the case may be. it is made clear
that when we speak of the "members" in the said articles, we
refer to members as contemplated by and as mentioned in
clause (7) of the 1934 Constitution (which deals with Parish
church and Parish Assembly).
The first Proviso in Article 71 is deleted.
PART IV
In view of the aforementio ned controversies, it is
submitted by the counsel for the parties, no elections could
so far be held as contemplated and directed by the Judgment
of this Court. In Part I of the order dated March 25, 1996,
it was directed by this Court that the election of members
of the Association and the Diocesan Assemblies shall take
place within three months therefrom on the basis of the
amended/substituted Articles 71 and 46. The time for
conducting the said elections is extended upto and inclusive
of April 30, 1997.
Ordered accordingly.