- (1.) JUDGMENT
(2.) THIS order may be read in continuation of the Judgment dated 20/06/1995, (reported in 1995 AIR SCW 3133). Inasmuch as the Malankara Association was vested with control over the religious and communal affairs of the entire Malankara Christian Community, it was held desirable and necessary that the Association must "truly and genuinely reflect the will of the said community". For ensuring it, it was observed : "its composition must be so structured as to represent the entire spectrum of the community. A powerful body having control over both spiritual and communal affairs of the Malankara Church should be composed in a reasonable and fair manner." It was held that judged from the above angle, clause (68) of the 1984 Constitution cannot be said to be a fair one, inasmuch as the said clause provided for representation Parish Churchwise. We took note of the contention urged on behalf of the Patriarch group that with a view to obtain majority in the Association, the Catholicos group has created a number of new Parish Churches with very small membership and that giving equal representation to all Parish Churches irrespective of the strength of their membership is neither fair nor does it ensure a fair and proper representation of the community in the Association. It was held that it is necessary to substitute clause (68) (now clause (71) and other relevant clauses of the Constitution to achieve the aforesaid objective which would also affirm the democratic principle, which appears to be one of basic tenets of this Church. Accordingly, we direct both the parties as well as the Rule Committee (mentioned in clause (120) of the Constitution) to place before this Court within three months from today draft amendments to the Constitution". It was observed that after perusing the said proposals, the Court will make appropriate directions. Accordingly, both parties have placed before us their respective proposals. Some other parties too have placed their proposals. The proposals put forward by the Patriarch group seek to amend a large number of clauses in the Constitution which was not the intention behind the above direction. The objective was to amend only clause(68) and other clauses to ensure the aforementioned objective. It is brought to our notice that there are two clauses in the Constitution which necessarily have to be amended, if the aforementioned objective has to be attained. They are clauses (71) and (46) (re-numbered clauses). They read as follows :- "Article 46 : The Vicar or if inconvenient for him, one of the Assistant Priests deputed by the Vicar and two laymen elected by every Parish assembly in a Diocese shall be members of the Diocesan Assembly. Their term of office shall be three years. Article 71: A priest and two laymen elected by each Parish assembly and the members of the existing Managing Committee shall be members of the Association." We may now set out the amendments as proposed by the Catholicos group and Patriarch group: AS PROPOSED BY THE CATHOLICOS GROUP AS PROPOSED BY THE PATRIARCH GROUP JUDGEMENT_470_8_1996Html1.htm
(3.) HAVING heard the counsel for the parties and considered the relevant facts and circumstances, we direct that Articles 71 and 46, as provided hereunder, shall stand substituted in the place of the existing Articles 71 and 46 in the Constitution with effect from this day: "Article 71: The following shall be the members of the Syrian Christian Association (Malankara Association) viz., (a) Members of the existing Managing Committee. Provided that the nominated members of the Managing Committee, if any, shall not be entitled to vote at the election of the Catholicos, Malankara Metropolitan or any other holder of office who is to be elected by the Association. (b) A Priest from each Parish Church elected by the Parish Assembly; provided that if in any parish church, their is only one priest, he shall be priest-representative of the Parish church without the need of an election; (c) (i) One layman member elected by the Parish Assembly of each Parish Church whose membership does not exceed 100 families; (ii) One additional layman member to be elected by the Parish Assembly of a Parish Church having a membership of more than 100 families but not exceeding 250 families. (iii) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership exceeding 250 families but not exceeding 500 families; (iv) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 500 families but not exceeding 750 members; (v) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 750 families but not exceeding 1000 families; (vi) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 1000 families but not exceeding 1250 families; (vii) One more additional layman member to be elected by the Parish Assembly of a Parish Church, having membership of more than 1250 families but not exceeding 1500 families; (viii) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 1500 families but not exceeding 1750 families. (ix) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 1750 families but not exceeding 2000 families; (x) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 2000 families; Provided that each family which is a member of the Parish Church shall have one vote and it is for the family to decide who among them shall participate in the voting. Providing further that a vote can be cast on behalf of the family either by a male member or by a female member provided he or she has attained the age of twenty one years. Provided further that the membership of each Parish Church shall be determined with reference to the entries in the relevant register maintained by each Parish Church as on the date of the Judgment, i. e., 20/06/1995. (d) The term of the member elected under Clauses (a) and (b) above shall be five years. (e) The Managing Committee shall be elected every five years soon after the election of the members under clauses (b) and (c). Article 46 : The following shall be the members of the Diocesan Assembly, viz., (a) A Priest from each Parish Church elected by the Parish Assembly; provided that if in any Parish church, there is only one priest, he shall be the priest-representative of the Parish Church without the need of an election; (b) (i) One additional layman member to be elected by the Parish Assembly of a Parish Church having membership does not exceed 100 families; (ii) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 100 families but not exceeding 250 families; (iii) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership exceeding 250 families but not exceeding 500 families; (iv) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 500 families but not exceeding 750 families; (v) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 750 families but not exceeding 1000 families; (vi) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 1000 families but not exceeding 1250 families; (vii) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 1250 families but not exceeding 1500 families; (viii) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 1500 families but not exceeding 1750 families' (ix) One more additional layman member to be elected by the Parsih Assembly of a Parish Church having membership of more than 1750 families but not exceeding 2000 families; (x) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 2000 families; (c) The term of members elected under clauses (a) and (b) shall be five years." It is directed that the election of member of the Association and the Diocesan Assemblies shall take place within three months from today on the basis of Articles 71 and 46 aforementioned.;