Rev. P.M.A.Metropolitan & Ors Vs. Moran Mar Marthoma Mathews & ANR
 INSC 128 (5
JEEVAN REDDY, SUHAS C. SEN, S.B. MAJMUDAR
5TH DAY OF FEBRUARY, 1997 Present:
Mr. Justice B.P.Jeevan Reddy Hon'ble Mr. Justice Suhas C.Sen Hon'ble Mr.
Justice S.B. Majumdar C.S. `Vaidyanathan, Harish N.Salve, F.S.Nariman, Raju Ramachandran
and T.L.V. Iyer, Sr. Advs., P.K. Manohar, roy Abraham, Ms. Baby Krishnan,
E.M.S. Anam, Ms. Lily Thomas, Ms. K. V. Vijayakumar, P.J. Philips K.V. Mohan,
T.G. N. Nair, Ranjit Thomas, Sudarsh Menon, and S. Balakrishnan, Advs. with
them for the appearing parties.
O R D E
following order of the Court was delivered:
matters are posted before us for orders with respect to the drafting of the
decree pursuant to this Court's judgment delivered on January 20, 1995. By order dated March 25, 1996, we had requested Ms. Manju Goel,
Registrar (Judicial - II) to prepare the decree in the light of the judgment
aforesaid, after notice to both the parties.
learned Registrar had drafted a decree to which both parties filed objections.
In view of certain contentions raised by the parties, the matter was remitted
to the said Registrar for revising the draft of the decree. She has accordingly
prepared a revised draft decree to which again both parties have filed
objections. We have heard the counsel for both the parties and direct that the
decree shall be prepared in following manner.
first instance, the decree shall set out the ten clauses found in Para 142 of the Judgment.
it shall set out the following portions from Para 141 of the Judgment. The first portion in Para 141 starts with the words, "We are, however, of
the opinion that in this suit no declaration can be granted affecting the
rights of Parish churches" and ends with the words "any title to or
control over the properties held by the Parish churches".
second portion in Para 141 begins with the words, "In
the state of such a pleading, the only observation" and ends with the
words "insofar as the said Constitution provides for the same".
decree shall then set out Para 150 which
deals with Kananaya church.
decree shall then say that the decree passed by the High Court (decree under
appeal) shall stand modified to the extent indicated above.
II In Part II of the order dated March 25, 1996, the following sentence shall
be inserted before the last sentence: "The above direction is subject to
the condition that any and every person claiming to hold any office or post in
this church shall be bound by and shall swear allegiance to the 1934
III In Part I of the order dated March 25, 1996, we had directed that Articles 71 and 46, as drafted by us
shall stand substituted in the place of the existing Articles 71 and 46 in the
1934 Constitution with effect from the date of the said order. In Articles 71
and 46, which were directed to be so substituted, an error has crept in.
Instead of mentioning "members of the Parish Assembly", the word "families"
is used. We, therefore, direct that wherever the word "family" or
"families" occur in the said two Articles, as drafted by us, they
shall be substituted by the words "member" or members", as the
case may be. it is made clear that when we speak of the "members" in
the said articles, we refer to members as contemplated by and as mentioned in
clause (7) of the 1934 Constitution (which deals with Parish church and Parish
first Proviso in Article 71 is deleted.
IV In view of the aforementio ned controversies, it is submitted by the counsel
for the parties, no elections could so far be held as contemplated and directed
by the Judgment of this Court. In Part I of the order dated March 25, 1996, it was directed by this Court that
the election of members of the Association and the Diocesan Assemblies shall
take place within three months therefrom on the basis of the
amended/substituted Articles 71 and 46. The time for conducting the said
elections is extended upto and inclusive of April 30, 1997.