# MOST REV. P.MA. METROPOLITAN AND ORS. ETC v. MORAN MAR MARTHOMA MATHEWS AND ANR. ETC

- **Citation:** [1996] 3 S.C.R. 857
- **Court:** Supreme Court of India
- **Decided:** 1996-03-25
- **Case number:** Civil Appeal Nos. 4958-60 of 1990
- **Bench:** B.P. Jeevan Reddy, Suhas C. Sen, S.B. Majmudar
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/most-rev-p-ma-metropolitan-and-ors-etc-v-moran-mar-marthoma-mathews-and-anr-etc-14238
- **Pages:** 11

## Headnote

Ecclesiastical Law : .
B
Constitution of Malankara Oiristian Association of 1934: Clauses 46
and 71.-Syrian Gtristian Association (Malankara Association) and C
Diocesan Assembly-Election of member~lauses 46 and 71of1934 Constitution substitUted as detailed in the orde;._As regards dispute in respect of
appointment to posts/offices, stanis quo to be maintained until a new Managing Committee is elected and on its election, if need be, it would decide the
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dispute.
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Decree-Held a decree should trnly reflect the operative decision and_
directions in the judgment.
Ed The main order dated 20.6.95 referred to in this order is reported
in [1995) Supp. 4 sec 286.
E

## Text

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MOST REV. P.MA. METROPOLITAN AND ORS. ETC:
A
v.
MORAN MAR MARTHOMA MATHEWS AND ANR. ETC.
MARCH 25, 1996
(B.P. JEEVAN REDDY, SUHAS C. SEN AND
S.B. MAJMUDAR, JJ.]
Ecclesiastical Law : .
B
Constitution of Malankara Oiristian Association of 1934: Clauses 46
and 71.-Syrian Gtristian Association (Malankara Association) and C
Diocesan Assembly-Election of member~lauses 46 and 71of1934 Constitution substitUted as detailed in the orde;._As regards dispute in respect of
appointment to posts/offices, stanis quo to be maintained until a new Managing Committee is elected and on its election, if need be, it would decide the
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.
dispute.
I
D
Decree-Held a decree should trnly reflect the operative decision and_
directions in the judgment.
Ed The main order dated 20.6.95 referred to in this order is reported
in [1995) Supp. 4 sec 286.
E
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 4958-60
of 1990 Etc.
.
From the Judgment and Order dated 1.6.90 of the Kerala High Court
in A.S. Nos. 331180, 362/90 and 358 of 1980. •
F.S. Nariman, K. Parasaran, Soli J. Sorabjee, C.S. Vaidyanathan,
D.D.·Thakur; KV. Mohan, PJ. Philip, E.M.s: Anam, S. Balakrishnan, S.
Pra5a.J
1-R. Thomas, S. Menon, Raju Ramachandran~ T.G. Narayanan Nair,
R.K. Pillai, M.T., George and KV. Viswanathan for the appeanng Parties.
Ms. Lily Thomas for Intervenor.
The following order of the Court was delivered :
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This Order may be read in continuation of the Judgment dated June
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20, 1995. Inasmuch as the Malankara Association was vested with control H
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SUPREME COURT REPORTS
[1996] 3 S.C.R.
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A 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
B composed in a reasonable and fair and manner." It was held that judged
from the above angle, clause (68) of the 1934 constitution cannot be said
to be a fair one, inasmuch as the said clause provided for representation
Parish Church-wise. We took note of the contention urged on behalf of the
Patriarch group that with a view to obtain majority in the Association, the
C 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
D aforesaid objective which would also affirm the democratic principle, which
appears to be one of the 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.
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F
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).
G 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
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Diocesan Assembly. Their term Qf office shall be three years.
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MOST REV. P.M.A. METROPOLITAN v. M.M.M. MATifEWS
859
, Article 71 : A priest and two laymen elected by each Parish A
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 :
B.
AS
PROPOSED
BY
CATHOLICOS GROUP
THE
AS PROPOSED BY THE
PATRIARCH GROUP
Article 71 -
The following shall be the members
or the Association i.e.,
(a) members of the existing Managing Coaimittee
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(b) a pries/ from each pariSh elected
by the Parish Ass~mbly. ·
(c) (i) two laymen elected by the
parish Assembly of each of those
parishers whereof the number 'of
families are upto 400.
(ii) three laymen elected by the
Parish Assembly of each of those of
families are between 401 and 800;
(iii) four laymen , elected by the
Parish Assembly of each of those
parishes whereof the, number of
familie,s are between 801 and 1200; ,
(iv) five laymen elected by the Parish
Assembly of each of those parishes
whereof the number of families exceed 1200 ..
Article 71
c
(1) All men and women who are
members or the Malankara
Church, are not less than the age
of eighteen years and are members
of a Parish Assembly in Malankara
(Kerala) shall b,e members of the D
Malankara Association.
(2) The following powers of the
Malankara Association shall be exercised directly by all the members E
of the Malankara Association and
all the other powers shall be exercised by the Managing Committee
and the office bearers so elected.
(a) Election of the Catholicos, F .
Malankara Metropolitan, Two Associate Trustees, Association
Secretary and Assistant to the
Mahnkara Metropolitan.
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(b) Election of the Managing G:
Committee.
Provided, however that such elec-.
tion of members of the Managing
Committee shall be held at the H
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B
c
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SUPREME COURT REPORTS
[1996) 3 S.C.R.
level of the dioceses in Malankara
(Kerala), that is to say that the
members of the Association
belonging to the Parish diocese in
Malankara (Kerala) will vote and
elect only those members of the
Managing Commitiee who will be
representing that diocese.
( c) Ratification of the amendments
to the constitution proposed by the
Managing Committee.
(3) Whenever the office of the
Catholicos falls vacant or when a
vacancy is expected due to retirement of the incumbent, the
Managing Committee shall
propose two names for final selection by the members of the Association and the Metropolitan
who secures the higher number of
votes shall be consecrated as the
Catholicos.
For the above purpose each member of the· Managing Committee
shall · be entitled to propose any
Metropolitan who is a Vice Presi-
. dent of the Malankara · Association. The names of the tW()
Metropolitans securing the largest
number of proposals shall be
placed before the Association
members for selection of one of
them by ballot. The .Catholicos
shall hold office till he attains the
age. of 75 years or resigns.
( 4) Election shall be held once in
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MOSTREV.P.M.AMETROPOLlTANv. M.M.M.MATIIBWS
861
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five years to the following offices : A
i. Malankara Metropolitan;
ii. Two Associate. Trustees;
iiL Association Secretary;
iv. Managing Committee;
v. Assistant to the Malankara
Metropolitan.
B
(5)(a) Whenever a vacancy of a
Diocesan Metropolitan arises or is C
expected on account of retirement
of the incumbent the Election
Committee shall conduct an election for the. sliid office in the said
Diocese.•
D
. (b) A priest of the Malankara
Church shall be elected to be consecrated as the Metropolitan of a •
Diocese by. the Association members of the Parish Churches of that E
Diocese.
Provided that a priest to be
elected for consecration as
Diocesan Metropolitan should
secure 50% + 1 of the votes polled : F
among the member~ of the Association in the Diocese.
;rhe perso~ u{us eiected shall be
consecrated by the Patriarch or the . G
Catholicos with the co-operation
of the Synod.
(c) A Metropolitan shall hold office tlll he attains the age of seven-
.-ty five years ..
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SUPREME COURT REPORTS
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B A1tic/e 46
46(a) The Vicar or if it be inconvenient for him, one of the Assistant
Priests deputed by the Vicar as well
C as lay representatives elected by the
Parish Assembly of every parish in
the Diocese as laid down in Clause
(b) below shall be the members of
the Diocesan Assembly.
D (b) Parishes, with upto 400 families
shall elect two representatives, those
with 401 to 800 shall elect three representatives, those with 801. to 1200
families shall elect from repreE sentatives and those parishes exceeding 1200 families shall elect five
representatives from among the lay
members to the Diocesan Assembly.
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( c) The term of office of the
Diocesan Assembly shall be three
G years.
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( d) In the first election after the
amendment of the constitution, the
members in the Diocese shall approve one of the two incumbent
Diocesan Metropolitans.
Article 46
(a) The Parish Churches of the
Malankara Church are grouped
into dioceses and the number and
jurisdiction of the dioceses shall be
determined by the Managing Committee of the Association from
time to time.
(b) Every diocese shall have a
diocesan assembly which shall consist of the following :
(i) Diocesan Metropolitan (President)
(ii) All priests (including vicars
and assistant vicars) who are in
active service in the diocese.
(iii) Lay representatives of all the
Parish Churches in diocese,
Provided that the number of lay
representatives to be elected to the
diocesan assembly from each
Parish Church shall be fixed as per
the scale given below :
Parish Churches having 100 or
more members but 500 or less
members - 1 Jay representative;
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MOSTREV.P.M.A.METROPOLITANv. M.M.M.MATIIEWS
863
Parish churches ha\ing more than
500 members - 1 additional lay
representative for every additional
500 members and 1 more lay representative for the. remainder of
the members beyond the multiples
of 500 if such remained is not less
· than 250. Parish Churches ha\ing
less than 100 members shall not be
entitled to have an independent lay
representative, but may with
mutual consent join any other
Parish Church and, if the comI
bined strength of their members is
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100 more, shall be entitled to have
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a representative for
such Combined strength.
( c) 30% of the representatives of
the Parish Churches shall be
women and the wards to be
reserved fcir women to ensure such
representation shall be decided by
the Election Committee of the Association.
( d>° The term of ·office of the
diocesan assembly shall be co-terminus with that of the Managing
Committee.
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Ha\ing heard the counsel for the parties and considered the relevant
facts and circumstances, we direct that Articles 71 and 46, as provided
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B
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. hereunder, shall stand substituted in the place of the existing Articles 71 G
and 46 in the Constitution with effect from this day :
•Article 71 : The following shall be the. members of the Byrian
Christian Association (Malankara Association) viZ.,
(a) Members of the existing Managing Committee.
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SUPREME COURT REPORTS
[1996] 3 S.C.R.
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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 AssembB ly: provided that if in any parish church, there is only one priest, he shall
be priest-repres.entative of the Parish church without the need of an
election;·
(c)(i) One layman member elected by the Parish Assembly of each
C 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;
D
(iii) One more additional layman member to be elected by the Parish
Assembly of a Parish Church having membership exceeding 250 families
not exceeding 500 families;
(iv) One more additional layman member to be elected by the Parish
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Assembly of a Parish Church having membership of more than 500 families
but not exceeding 750 members;
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(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 ifamilies;
.;
(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;
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(vii) One more additional layman member to be elected by the Parish
Assembly of a Parish<.Chnrch 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
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families but not exceeding 1750 families;
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MOSTREV.P.M.A.METROPOLITANv. M.M.M.MATHEWS
865
(ix) One more additional layman member' to be elected by the Parish A
Assembly of a Parish Church having, membership• of more than 1750
families. but not exceeding 2000 families;
(x) One more additional layman member io be elected by the Parish
Assembly of a Parish Church having membership of ·more than 2000
families;
. • Provided that each family which is·a"me.;,b~ ·o( the Parish.Church
·shall have one vote and it-is for the family to deeide who among the~ shall
participate in the voting.
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Provi&d further that a vote can be cast oii'behalf of the family either C
by a male member or by a female 'provide.ii he or she has attained the age
of twenty. one years.
; Provided further t~at the meml:iership of eacli Parish ChurCh shall
be determined with ! reference to the · eitteries in the relevant register ·D
maintained by each Parish Church 'as on· the date of the Judgment, i.e.,
June 30, 1995.
' ( d) The terni of the meinbers elected under clauses (a) arid (b) above
shall ·be five years. .
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· . ( e) The Managing Committee shal) be elected every five years soon
aft6r the election 'of th~ niembers underdauses (b) and ( c).
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Article 46 : The following shall be the members of thi; Diocesan Assembly,
viz.,
(a) A Priest from each Parish Church elected by the Parish Assembly; .provided that if in arty parish church,there is only~one priest, he shall
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be the priest-represent!'five of the Parish church without the need of an
election;
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· (b)(i) One layman member elected by the Parish Assembly of each G
Parish Chur~h ·whose membership do.es not exc,eed lOOJamilies; .
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(ii) On ~ore additional layinan 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;
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SUPREME COURT REPORTS
[1996] 3 S.C.R.
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(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
B but not exceeding 750 families;
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(v) One more additional layman member to be elected by the Parish
Assembly of a Parish Church having membership of more thari 750 families
but not exceeding 1000 families;
(vi) One m\)re 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
D families but not exceeding 1500 families;
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(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 niore additional layman member to be elected by the Parish
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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.
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It is directed that the election of members of the Association and the
Diocesan Assemblies shall take place within three months from today on
the basis of Articles 7f and 46 aforementioned.
PART-II
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Another controversy which was raised before us relates to the ap-
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MOST REV. P.M.A METROPOLITANv. M.M.M. MATHEWS
867
pointments made on or after fanuaryl,'197i upto'the date of the judgment A
of this Court. It is submitted that in respect of some posts, appointments
have been made by both tlie groups, wiih. the _result. that in respect of
certain offices/posts, there is more than \lne c!~lmant. At this juncture, it
is not possible to give any specific direction·· as to who among the two
contenders is the legitimate incumbent. It is accordingly directed that the B
status quo as on the date of'ihe 'judgment shall continu·~ uiitil a new
Managing Committee is elected. The said Managing Committee can .decide
the said dispute, if and when necessary.
PART- Ill
It is brought to our notice that the decree prepared by this Court
pursuant to the judgment dated Jurie 30, 199S h~s been wrongly prepared.·
This is agreed to by both Sri Parasaran, learned .counsel for the Patriarch
group and Sri F.s: Nariman: learned counsel for the Catholicos .group ...
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A decree drafted should. truly reflect ·the operative· decision and D •
directions in the judgmenCfhat is the principle. We, therefore, direct Ms.
Manju Goel, Registrar .(Judicial-II) to prepare a decree in the light of the
judgment' afo~esaid, after noiice to both the parties. It is obvious that the
decree shall also incorporate the directions given in this Ordior. If eithe·r
party or both of them ~re not satisfied with the decree drafted by the. said
Registrar (Judicial-II), the matter m~y be reque~ted to· be placed before E
us for appropriate orders in that behalf;
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R.P.
· Matter disposed o~.
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