Madras High Court
K.Paul Rij vs The Administrators on 9 July, 2021
WP(MD)No.10197 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.07.2021
CORAM
THE HON'BLE MR.JUSTICE R.MAHADEVAN
WP(MD)No.10197 of 2021
K.Paul Rij ... Petitioner
Vs.
1. The Administrators,
(Appointed by Hon'ble High Court Madurai Bench)
Diocese of Tirunelveli,
Palayamkottai - 627 002.
2. The Moderator Commissary,
Diocese of Tirunelveli,
Palaymkottai - 627 002.
3. The Moderator,
Church of South India,
No.5, Whites Road, Royapettah, Chennai.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of Mandamus directing the Hon'ble
Administrators appointed by this Hon'ble High Court for the
administration of Tirunelveli CSI Diocese to conduct the election to the
office of the Bishop of Tirunelveli CSI Diocese in accordance to the
Election Schedule considering the representation of the Petitioner dated
26.04.2021.
For Petitioner : Mr.I.Robert Chandrakumar
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WP(MD)No.10197 of 2021
For R1 : Mr.Thangasivan
For R2 & R3 : Mr.G.Prabhu Rajadurai
ORDER
According to the petitioner, the Church of South India has issued
the mandate on 27.04.2021 for the election to the office of Bishop, as per
which, the Executive Council of Tirunelveli Diocese appointed 5
member committee to conduct the election process. They further fixed
the election schedule starting from 8th July and ending by 10th September.
Apprehending unnecessary litigations and controversies in view of the
acrimonious contest, the petitioner stated that the learned Administrators
appointed by this Court to conduct the Diocesan Council election, may
have to conduct the election of Bishop as well, so as to complete the
same in a free and fair manner. Stating so, the petitioner submitted a
representation dated 26.04.2021 to the learned Administrators requesting
them to conduct the election to the office of the Bishop also. Since the
said representation was kept pending till date, the petitioner has
approached this court with the present writ petition seeking appropriate
direction to the learned Administrators in this regard.
2.Heard both sides and perused the materials placed before this
Court.
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WP(MD)No.10197 of 2021
3.The facts remain undisputed are that by order dated 05.08.2019
in WP(MD)No.21134 of 2017 etc. batch, the Hon'ble Mr. Justice N.Paul
Vasanthakumar, Chief Justice of Jammu & Kashmir (Retd.) and the
Hon'ble Mr. Justice P.Jyothimani (Retd) were appointed as
Administrators of the Diocesan Council of Diocese of Tirunelveli and
TDTA. By judgment dated 25.02.2020 in WA(MD)Nos.878 of 2019 etc.
batch, the said order was affirmed by a Division Bench of this Court and
the Administrators were requested to complete the 4 phases of election
and they would be relieved from their duties, after the newly elected
body assume the office. Pursuant to the same, the Administrators
conducted the election of Diocesan Council in a peaceful manner and
filed their report to that effect. Subsequently, the newly elected body
assumed office of the CSI Diocese of Tirunelveli.
4.Now, the election to the office of Bishop is going to be
conducted by the Church of South India. If the said process, which will
be in continuation of the Diocesan Council election, is allowed to be
carried on under the supervision and control of the same Administrators,
there will not be any controversies / allegations in whatsoever manner,
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WP(MD)No.10197 of 2021
according to the petitioner. The same has also been agreed upon by other
side and they also prayed for the said election process to be conducted
under the guidance of the Administrators, in order to avoid financial
constraints, besides unwanted litigations.
5.Considering the facts and circumstances of the case and taking
note of the commendable job done by the Administrators in the conduct
of CSI Tirunelveli Diocese election and also at the request of all the
parties, this Court, in the interest of the institution, is inclined to entrust
the task of conducting the bishop election as well, to the Administrators
by appointing them afresh.
6.Accordingly, the Hon'ble Mr. Justice N.Paul Vasanthakumar,
Chief Justice of Jammu & Kashmir (Retd.) and the Hon'ble Mr. Justice
P.Jyothimani (Retd) are appointed as Administrators to supervise and
monitor the conduct of the bishop election and render assistance to the
Diocesan Council in the administration and management of the CSI
Diocese of Tirunelveli, till the bishop election is over. They shall be paid
a sum of Rs.1,00,000/- each per month towards honorarium, apart from
reimbursement of all the expenses including transportation incurred by
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WP(MD)No.10197 of 2021
them to discharge their duties. They shall be assigned with the following
duties and responsibilities:
(i)The Administrators shall render assistance to the Diocesan
Council by appointing two Election Officers, with respect to the conduct
of bishop election in a free and fair manner;
(ii)They shall administer the conduct of bishop election and
prepare the schedule for the same, if not already prepared, as regards the
filing of nominations, election date, counting of votes, declaration of
result, etc.
(iii)They shall oversee the efficient and effective management of
the electoral process at the field level.
(iv)The Administrators shall appoint any number of officers for
smooth and effective conduct of the election.
(v)If there is any disturbance created by any one, it is open to the
Administrators / Election Officers to seek police protection.
(vi)All the complaints / representations / disputes relating to the
election shall be addressed to the Administrators, who shall redress the
same in accordance with law. It is needless to state that the decision of
the Administrators is final and the same is binding on all the parties.
(vii)All the expenses relating to the election, shall be borne out by
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WP(MD)No.10197 of 2021
the CSI diocese.
(viii)The Administrators shall file status report periodically to this
court.
(ix)If there is any clarification, they are at liberty to approach this
court by filing memo/petition.
7.This writ petition stands disposed of in the above terms. No
costs.
09.07.2021
Index : Yes/No
rk
To
1. The Administrators,
Diocese of Tirunelveli,
Palayamkottai - 627 002.
2. The Moderator Commissary,
Diocese of Tirunelveli, Palaymkottai - 627 002.
3. The Moderator, Church of South India,
No.5, Whites Road, Royapettah, Chennai.
R.MAHADEVAN, J.
rk
https://www.mhc.tn.gov.in/judis/
WP(MD)No.10197 of 2021
WP(MD)No.10197 of 2021
09.07.2021
https://www.mhc.tn.gov.in/judis/
