CHENNAI: The by-laws of the Church of South India (CSI) cannot be said to be in derogation of its Constitution and they can be made applicable to the elections to be held on January 14, 2017, the first Bench of Madras High Court has held.
The Bench of Chief Justice SK Kaul and Justice M Sundar made the observation while dismissing a batch of appeals arising out of the original side applications on December 15. The appeals from Dr R Jayakaran Isaac and others challenged the common orders dated August 12 last of a single judge, dismissing their pleas.
The Bench, however, made it clear that their views were only prima facie views and would not prejudice the trial in the suits. The elections to the Synod were last held in January, 2014 and the tenure was for two years which was to expire in January 2016. However, in November 2015 certain amendments were made to the CSI Constitution effective from November 16, 2015 which effectively extended the tenure of the elected members of the Synod by one year.
A suit was filed seeking to declare the amendments to the CSI Constitution, including the amendments touching upon the age of retirement of Bishops and the term of the office bearers of the Synod, to have only prospective effect, not retrospective.
It also sought to declare that the term of the executive committee and elected officer bearers of the Synod should lapse on January 13 last and a consequent relief of permanent injunction restraining the existing office bearers and the committee to continue in office beyond the said period. A single judge dismissed the miscellaneous applications, which was challenged in the appeals. Dismissing the appeals, the Bench said the litigation did not even spare God or rather the followers found avenues of litigation even in matters of religious affairs.