VARUGHESE PAILY Vs. CHACHO MATHAI

JUDGEMENT

(1.) As a pragmatic solution, as we perceive it, a Division Bench of this Court in A. F. A. No. 59 of 1996 directed the Advocate - receivers to conduct election to the Managing Committee of the Piravom St. Mary's Orthodox Syrian Church within a specified time schedule. But the solution appears to be not an instant reality in view of the claims and counter claims raised by the warring factions. The Joint Receivers failed to iron out the differences between the rival groups, by themselves and consequently sought the assistance of this Court for removing the stalemate in so far as the preparation of the electoral roll. Advocate receiver Shibu Thomas representing Patriarch group filed Report No. 8 of 1997 stating the areas of disagreement and the other receiver G. Suresh filed Report No. 2 of 1998 praying to adopt the voters' list submitted by him for election to the Managing Committee. He also insisted on behalf of the Catholicos group that the basic qualification required for being eligible to become a voter under the '1934 Constitution' should be strictly adhered to while finalising the voters' list. In this context what we have discerned is that the direction given by the Division Bench has its vivid base on the agreed submissions made by the contesting parties for immediate election. But when the stage is set for it the inner feelings of discord and disunity take their ugly turn and demonstrate visibly in the pleadings of the parties. What the Courts at different levels and different stages did was to pave the way for perpetuating peace and tranquillity in the solemn atmosphere prevailing in and around the church by handing down decisions according to law and justice as between the parties. In this background we are called upon to adjudicate the dispute which centres round the election on merits and in view of the law applicable to the question. Such a process necessarily involves interpretation of the relevant provisions of '1934 Constitution' applicable to Malankara Syrian Church and the applicability of the decision rendered by the Supreme Court in Most Rev. P. M. A. Metropolitan v. Moran Mar Marthoma Mathews, AIR 1995 SC 2001 and the subsequent decisions in AIR 1996 SC 3121 as amended by the order dated 05/02/1997 ( AIR 1997 SC 1035 ).

(2.) Background of the decision in AFA 59/96

(3.) Directions issued by the original as well as the appellate Courts.