Madras High Court
J.Samuel vs The Church Of South India on 30 May, 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.05.2024
Coram:
THE HON'BLE MR. JUSTICE V.LAKSHMINARAYANAN
W.P. Nos. 14410 & 14413 of 2024
and W.M.P.Nos.15660, 15668 & 15673 of 2024
and W.M.P.Nos.15677, 15674 & 15675 of 2024
W.P.No.14410 of 2024
J.Samuel .. Petitioner
Vs.
1. The Church of South India
represented by its Officers / Committee of Administrators,
CSI Synod Secretariat, CSI Centre,
No.5, Whites Road, Royapettah,
Chennai – 600 104.
2. Church of South India Trust Association,
a registered company having its registered office at
CSI Centre, No.5, Whites Road,
Royapettah, Chennai – 600 104
represented by its Directors / Committee of Administrators.
3. K.Reuben Mark
4. D.Purushotham ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a writ of certiorari (a) to call for the records relating to and to
quash / set aside, the order of suspension dated 10.05.2023 communicated by
Notice dated 17.05.2023; (b) to call for the records relating to and to quash / set
aside, the order revoking the primary membership of petitioners dated
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04.11.2023 communicated by Notice dated 28.12.2023.
W.P.No.14413 of 2024
K.V.Kennedy .. Petitioner
Vs.
1. The Church of South India
represented by its Officers / Committee of Administrators,
CSI Synod Secretariat, CSI Centre,
No.5, Whites Road, Royapettah,
Chennai – 600 104.
2. Church of South India Trust Association,
a registered company having its registered office at
CSI Centre, No.5, Whites Road,
Royapettah, Chennai – 600 104
represented by its Directors / Committee of Administrators.
3. K.Reuben Mark
4. E.Jacob ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a writ of certiorari (a) to call for the records relating to and to
quash / set aside, the order of suspension dated 10.05.2023 communicated by
Notice dated 17.05.2023; (b) to call for the records relating to and to quash / set
aside, the order revoking the primary membership of petitioners dated
04.11.2023 communicated by Notice dated 28.12.2023.
In both petitions:
For Petitioners : Mr.Vineeth Subramani
for Mr.R.Premanandhan
For Respondents : Mr.Adrian D.Rozario for R3
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Mr.Ravi Paul
Senior Counsel
for Mr.J.Hudson Samuel
for M/s.Paul and Paul Associates
for R1 & R2
COMMON ORDER
These matters are listed for admission during the vacation court. At the
time of admission, Mr.Ravi Paul took notice for the Administrators/respondents
1 and 2. Mr. Adrian D.Rozario took notice for the third respondent. Mr.Ravi
Paul stated by virtue of the order passed by the Supreme Court of India, the
Administrators are maintaining status quo that existed as on the date of order of
the Supreme Court. Mr. Adrian D.Rozario stated that he would argue the writ
petition on the basis of the undisputed documents filed in the typed set of
papers.
2. These two writ petitions are filed challenging the order suspending the
primary membership of the respective petitioners from the Church of South
India itself.
Maintainability of the writ petitions
3. The petitioners are Lay Secretary and Treasurer of the Church of South
India (CSI), Karimnagar diocese. Initially, I had entertained doubts about the
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maintainability of the writ petitions. This is because the Church of South India
is an unregistered body which is governed by its own Constitution and Rules
and Regulations. It is not a “state” within the meaning of Article 12 or “other
authority” within the meaning of Article 226 of the Constitution of India.
4. Mr.Vineeth Subramani drew my attention to an order passed by
Hon'ble Mr.Justice G.R.Swaminathan in W.P.(MD) Nos.7357 & 7358 of 2024
dated 22.03.2024. The learned Judge, referring to a Full Bench of this Court in
D.Bright Joseph Vs. Church of South India & another reported in 2024 SCC
online Mad 286 had held as per Paragraph No.32 (i) to (iv) of the order of Full
Bench, a writ petition is maintainable when the matter relates to the
management and governance of educational institutions and health
establishments that are being run by the Church of South India. The Full Bench
had also held that in so far as the functions which are relating to maintenance of
church and discharging the functions of Clergy are concerned, a writ petition is
not maintainable.
5. In this regard, it is pertinent to point out that the Karimnagar diocese
tends to several educational institutions and health care centres run by the first
and second respondents. That being the case, the Karimnagar Diocesan Council
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and the Executive Committee occupy the helm of affairs of the educational and
health care functions of the Karimnagar diocese. Therefore, the decisions and
affairs of the Committee would directly impact the public functions performed
by the Committee, namely the management and maintenance of the health care
and educational institutions. In this background, it becomes imperative to
preserve the sanctity of the Committee by ensuring that the Committee complies
with the provisions of the Constitution of CSI as far as the public functions are
concerned.
6. Having said that, I now proceed to deal with the specifics of the
present case. In the present case, the petitioners, being Lay Secretary and
Treasurer, were a part of the Executive Committee and were directly involved in
the management of educational and medical institutions. The stability and
security of their office must be protected for they bear a direct nexus to the
quality of the public functions performed by the Committee. Therefore, it
becomes sine qua non that the persons to such offices are appointed, governed
and terminated in terms of the Constitution of CSI so that the management of
educational and medical institutions is not adversely impacted. In pursuance of
the same and following the views taken by the Full Bench and by Hon'ble
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Mr.Justice G.R.Swaminathan, I hold the writ petitions to be maintainable.
Scope of Disciplinary Proceedings under the Constitution of CSI
7. Now turning to the impugned orders dated 28.12.2023, the petitioners
have been suspended from their primary membership of Church of South India,
Karimnagar diocese. The Executive Committee, in its meeting on 10.05.2023,
imputed certain allegations against the petitioners. To further enquire into the
same, an Enquiry Commission was appointed. In pursuance of a report from the
Enquiry Commission and on that basis, the Committee on 14.11.2023 came to a
conclusion that the petitioners are not entitled to continue as primary members
of Church of South India.
8. The manner in which the discipline of a Church has to be maintained
is found under Chapter XI of the Constitution of the Church of South India.
Under Clause No.6 of the said Chapter, with regard to matters of discipline in
the Church of South India as far as the Lay Members are concerned, it is the
local court that would have the necessary jurisdiction to deal with the same.
Further under Clause No.8, the discipline of a member of the Church has to be
decided by a “local court” or a “Panchayat” that would be constituted by the
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Bishop. In this regard, it is pertinent to reproduce Clause No.8:
“The bishop of the diocese may, where necessary,
appoint a local Court or Panchayat for the
administration of discipline of members of the church
and may refer cases to it”
9. As against the order that would passed by the local Court under
Clause 8, an appeal lies to the Court of the Diocesan Council under Clause 9.
The relevant portion in the Clause 9 is reproduced hereunder:
“An appeal on grounds of fact or law shall lie from
every judgment of a local court to the Court of Diocesan
Council. Such appeal may be preferred by either of the
parties within fourteen days of the pronouncement of the
judgment....”
10. Under the Constitution of Church of South India, the Diocesan
Council meets once in three years. Between the Diocesan Council meetings, the
powers and functions of the Diocesan Council are exercised by the Diocesan
Executive Committee. A perusal of the impugned order shows that the
disciplinary action that has been taken is not by the Original Authority namely
the local Court or Panchayat that ought to have been constituted by the Bishop,
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nor by the appellate authority, viz., the Court of the Diocesan Council, but it has
been taken by the Diocesan Executive Committee namely the executive body
representing the Diocesan Council.
11. The power to exclude a person from the body of CSI is vested with
the Panchayat and a right of appeal is given before the Appellate Authority. It is
admitted by both sides that the Bishop of Karimnagar diocese had not
constituted a local Court prior to initiating disciplinary proceedings against the
two petitioners. The Constitution does not permit the Executive Committee to
take disciplinary action against the members, let alone appoint an Enquiry
Commission to substantiate and justify its allegations. When an act has to be
done in a particular way as per the Constitution, it has to be done in that way
and in no other way. As the impugned orders have been passed in a manner
contrary to the Constitution of Church of South India, I am not in a position to
sustain the same.
The Jurisdiction of the Executive Committee
12. Since the impugned orders have been passed in pursuance of the
decision of the Executive Committee on 04.11.2023, a discussion on the role
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and functions of the Executive Committee becomes crucial. In this regard, it
should be noted that the Executive Committee is a part of Diocesan Council as
seen from Clause 10 of the VIII Chapter to the Constitution of CSI. The relevant
portion in the Clause 10 is reproduced hereunder:
“Every Diocesan Council shall at its first meeting
elect an Executive Committee, and may delegate to it such
of its functions and duties as it may think fit, provided
that it may not delegate to its Executive Committee the
alteration of its own Constitution....”
13. A reading of this provision would make it clear that the Executive
Committee can be entrusted with such functions as may be deemed appropriate
by the Diocesan Council. At this juncture, the Court finds it necessary to
understand the functions of the Diocesan Council enumerated under Clause 5 of
Chapter VIII. To encourage cogent discussion, Clause 5 is reproduced
hereunder:
“ Every Diocesan Council has the power to make
rules and pass resolutions and take executive action for
the general management and good government of the
Church in the diocese, subject to the provisions of this
Constitution and in particular to those concerned the
Synod of the Church. The Council has the right to an
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effective voice in the appointment of its bishop, and the
right to make regulations with regard to the acceptance of
candidates for ordination to the ministry, with regard to
pastorates, and with regard to the discipline of the
Church, subject to the provisions of this Constitution on
these topics.
...”
14. Though at first glance, it may seem that the Diocesan Council is
empowered to regulate the matters of discipline and delegate the same to be
performed by the Executive Committee by virtue of Clause 10 of Chapter VIII,
this power to regulate is qualified by the provisions of the main CSI
Constitution.
15. It is no doubt that the Court of the Diocesan Council, by virtue of
Clause 9 to Chapter XI is made as the appellate authority to hear the matters of
discipline when the same is appealed from the local court. However, under
Clause 12 of Chapter XI, the composition of the court is already laid out.
Clause 12 is extracted hereunder:
“The Court of the Diocesan Council shall consist of
the bishop of the diocese, or a presbyter commissioned by
him, together with two presbyters and two lay persons
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chosen by the bishop out of a panel appointed by the
Diocesan Council.”
16. As the provision indicates, the role of the Diocesan Council is only to
appoint a panel of Lay Persons, two among whom will be chosen by the Bishop
to become a part of the Court of the Diocesan Council. Apart from such
appointment, the Constitution does not entrust any disciplinary functions to the
Diocesan Council for the same to be delegated to the Executive Committee.
Therefore, it becomes clear that the Executive Committee has no role in
initiating disciplinary action against any Lay Members.
Respect to the Constitution of CSI and impermissibility of divergence
17. As it has been time and again held by the courts in India, when a law
mandates a thing to be done in a particular manner, it has to be done only in
that manner or not at all. In this case, the Constitution of the CSI is the supreme
instrument that regulates various aspects of the organisation, and the rules
contained therein are being followed with utmost reverence by the members of
CSI. In this backdrop, it would not be wrong to say that the Constitution and
the rules contained therein have the same authority and vigour on the members
of the CSI as the corpus juris of this land has on the citizens. Therefore, when
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the Constitution of CSI mandates that disciplinary action must be conducted by
the local court or panchayat, it has to be done that way and no other way.
Applicability of the Doctrine of Parallel Remedies
18. At this stage, Mr.Adrian D.Rozario, the learned counsel who appears
on behalf of the third respondent would state that the respective petitioners have
filed a suit challenging the very same order. I searched in the affidavits whether
averments have been made regarding initiation of proceedings before Civil
Court. I find that the petitioners have disclosed that they have moved the Civil
Court challenging the order. Therefore, I will not throw out the Writ Petitions
on grounds of suppression of facts.
19. The second issue that I have to see is whether they are riding two
horses at the same time or whether the Writ Petitions should fail because of the
doctrine of parallel remedies.
20. Mr. Vineeth Subramani would draw my attention to the affidavits
that have been filed in support of these writ petitions and would point out that
after the order of the Full Bench, the parties have decided to give up their case
before the Civil Court and pursue this writ remedy. He would state that his
counter part in Karimagar has filed a memo before the Court seeking for
withdrawal of those proceedings. Therefore, as the petitioners are not inclined
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to pursue their civil remedy and have opted to choose the remedy of the Writ
Petition on the basis of the judgment of Full Bench, I am not inclined to throw
out the Writ Petitions especially since the impugned orders have been passed by
the Diocesan Executive Committee which is contrary to the Constitution of the
Church of South India.
21. Though I have allowed the writ petition, since Mr.Ravi Paul has
stated that the Hon'ble Retired Judges of this Court have taken charge of the
church, the petitioners will be entitled to only restoration of their primary
membership.
22. With the above observations, these Writ Petitions are allowed and the
impugned orders are quashed. No costs. Connected miscellaneous petitions are
closed.
26.05.2023
bkn / vum / nl
Index: Yes/No
Speaking order / Non-speaking order
Neutral Citation: Yes / No
V.LAKSHMINARAYANAN, J.
bkn / vum / nl
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W.P. Nos. 14410 & 14413 of 2024
30.05.2024
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