TMI Blog2016 (12) TMI 1823X X X X Extracts X X X X X X X X Extracts X X X X ..... nswer 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 sin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tates of India Andhra Pradesh, Karnataka, Kerala and Tamil Nadu as also Jaffna in Sri Lanka, who have been baptized and are willing to abide by the faith and order of the church. 5. Chapter V of the Constitution deals with the Ministry of the Church and the ordained ministry of the church is to consist of Bishops, Presbyters and Deacons. Thereafter, the functions and responsibilities of each are provided. Rule 11 in this Chapter provides that every Bishop of a diocese will be the Ex-Officio Member of the Synod of the Church. 6. Chapter VI deals with the election, appointment, consecration and installation of Bishops, while Chapter IX deals with the Synod, which defines the Synod as the highest representative body of the Church of South India, its supreme governing and legislative body and the visible symbol of its unity. The Membership of the Synod is as under: Rule 2. Members (a) All diocesan bishops and assistant bishops, if any, and bishops serving the Synod in other duties within its jurisdiction; (b)The General Secretary and the Treasurer; (c)The President and the General Secretary of the Women's Fellowship and two members of the Order of Sisters nomin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... South India and the final authority in all matters pertaining to the Church as per Rule 13 and is also empowered to make rules, pass resolutions and take executive action as may be necessary from time to time for the general management and good governance of the Church and of the properties and affairs thereof. 9. So much for the Constitution to the extent it affects the present dispute. THE FACTS: 10. The elections to the Synod were last held in January, 2014 and the tenure was for a period of two years, which was to expire in January, 2016. However, during November, 2015 certain amendments were brought into force in the Constitution effective from 16.11.2015, which effectively extended the tenure of the elected Members of the Synod by one year. 11. A suit came to be filed being C.S.No.20 of 2016 seeking to declare that the amendments to the Constitution of the Church of South India, including the amendments touching upon the age of retirement of Bishops and the term of office bearers of the Synod, have only prospective effect and not retrospective effect; with a further declaration that the term of the Executive Committee and elected officer bearers of the Synod will ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 27. The quorum for a meeting of the Synod shall be one-third of the total membership of whom not less than two-thirds shall be lay persons. 14.3. The learned Single Judge also noticed on the basis of the pleadings and the documents on record that the Constitution was sought to be amended pursuant to the communication sent by the Synod to all the Bishops of the Church of South India on 14.4.2015 and thereafter set forth the amendments which were sought to be challenged. 14.4. The learned Single Judge also took note of the bye-laws made to the Constitution, stated to be for the first time after 70 years, and the relief sought that they should apply to the next elections. 14.5. The fundamental plea of the bye-laws being in furtherance of the Constitution and not in derogation thereof has been noticed with the contention of the plaintiffs that the fresh elections would have to be conducted based on the unamended provisions of the Constitution and by ignoring the bye-laws. 14.6. The plea advanced on behalf of the respondents was that the amendments had already been carried out by following the due procedure as also the enactment of the bye-laws. It was stated that 16 out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or. It was urged that, in fact, even post amendment to the Constitution there was no change in this behalf and Rule 7 of Chapter IX both existing and proposed are as under: Existing Proposed 7. All the officers shall be elected by ballot of the Synod, the Moderator and the Deputy Moderator being elected from among the diocesan Bishops of the Church The Moderator and the Deputy Moderator shall be elected by the ballot of the Synod, from among the diocesan Bishops of the Church. The General Secretary and the Treasurer shall b e elected by the ballot of the Synod. 17.4. The appellants, thus, urge that the amendment has left the Constitution untouched retaining the provision regarding the election of the Moderator and the Deputy Moderator. 17.5. Chapter XIII of the Constitution deals with alterations in the Constitution and Rule 3 reads as under: Rule 3. Power to make rules Unless otherwise provided, the Executive Committee of the Synod shall have the right to frame rules, regulations and bye-laws for the operation of the provisions of this Constitution, subject to the approval of the Synod. It was, however, pointed out that for almost 70 years there was no such by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on should not be less than 45 years (ii) A person should have sufficient financial administrative experience (iii) A person should have sufficient knowledge of accounts, commerce and taxation laws (iv) A person should have sufficient legal acumen to deal with the Companies Act, FCRA and taxation regulations. (v) A person should have been a member of the Synod/ diocesan Executive committee for at least one term. (vi) A person should have integrity and Churchmanship. d)If the Nomination Committee brings in a name, the Synod will elect the General Secretary/the Treasurer by an affirmative vote. e)If the person nominated to the post of the General Secretary/ the Treasurer does not get majority affirmative votes in the Synod, the Nomination Committee shall bring another name(s) for affirmative vote. f)If the Nomination Committee should bring in more than one name, then the person getting majority votes will be elected to the posts of the General Secretary/the Treasurer. 17.7. It was, thus, contended by the appellants that these bye-laws have introduced a system of election in derogation of the Constitution. This plea is based on the fact that instead of the Mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Bishops and thus as the religious heads, it was within their rights to nominate a person, who in turn would have to receive the ratification of the Synod and if he fails to do, then another two people have to be nominated by secret ballot, which would then be subject to the election by the Synod. CONCLUSION: 19. We have given our thoughtful consideration to the matter. 20. We have to keep in mind 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. 21. 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. 22. Thus, the question which arises for consideration is whether the procedure prescribed for election in the bye-laws so framed c ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
