Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2016 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (12) TMI 1823 - HC - Indian LawsElection of the Office Bearers of the Church of South India - Amendment to the Constitution of the Church of South India - mode and manner of election of the office bearers - Whether the procedure prescribed for election in the bye-laws so framed can be said to be in derogation of the Constitution in any manner? HELD THAT:- The Constitution is the governing book to facilitate the functioning of the Churches and provides a democratic process for elections to various office bearers. The Constitution itself provides the procedure for amendments and the documents placed before the learned Single Judge show that such amendment was made by following the procedure at least prima facie - Similarly, the enacting of the bye-laws is also something which is enshrined in Rule 3 of Chapter XIII and there also prima facie view has been found that it has been made as per the procedure. In fact, both have received overwhelming mandate of 16 out of the 22 Diocesan Councils. The answer to the question raised would be in the negative - The bye-laws do refer to the principle of nomination by the Bishops from among themselves of the person who has to be elected as the Moderator and the Deputy Moderator. Similarly, for the General Secretary and the Treasurer also a Committee is constituted which would make the nomination, instead of Bishops nominating from amongst themselves. The Committee formed for nomination, in fact, is of a wider spectrum, including apart from Bishop, one Clergy and three lay persons, who bring the names before the Synod for the said posts and the vote is however with the Synod to elect the person. Thus, what is envisaged is a check before the elections. Whether this check would defeat the principle of secret ballot or franchise principle of majority in any manner? - HELD THAT:- Once again the answer would be in the negative for the reason that the final say is with the Synod. The election has to take place from among the Bishops, who in a religious hierarchy are at the highest level. They from amongst them would find a suitable person and that too by unanimity or a overwhelming majority of two-third. The matter does not end at this since the Synod would have to ratify the same by a simple majority. Thus, if a member of the Synod is not happy with the nomination, they have a right of rejection - The final say thus remains with the Synod, but the collective wisdom of the Bishops as to who among them should be the Moderator has been given weightage. This cannot ipso facto be called a derogation of the Constitution, especially when the bye-laws have been approved, as also the amendment to the Constitution. The position would be the same in case of Deputy Moderator and the only difference for the posts of General Secretary and Treasurer would be that the nomination would be of the Committee which is, in fact, a more representative body as constituted. Prima facie the bye-laws cannot be said to be in derogation of the Constitution and thus for the coming election process both the amended constitution and the bye-laws as framed would apply. Appeal dismissed.
|