CONGREGATIONAL CHURCH OF INDIA MARALAND SERKAWR GROUP Vs. CONGREGATIONAL CHURCH OF INDIA MARALAND SAIHA GROUP

JUDGEMENT

(1.) IN this second round of appeal the challenge is to the order dated 19. 4. 2006 passed by Additional District Magistrate (J), Saiha District, Saiha in 'revised Order Application No. 1 of 2006' whereby his earlier order dated 7. 3. 2005 in Civil Revision No. 1 of 2005, which was set aside and quashed by this court in RFA No. 3 of 2005, has been confirmed after rehearing on remand.

(2.) THE case has a chequered career with its genesis in a dispute over certain Church properties between two factions carrying their quarrel to the doors of the court. From a careful reading of the original judgment in Title Suit No. 2 of 2004 and other materials on record the admitted position emerging from the controversies and the background facts may be noticed thus : in 1905 Mr. and Mrs. Rev. Reginald Arthur Lorrain established Lakher Pioneer Mission at London. They came to Serkawr (Maraland) in 1907 and named the Church there as 'lakher Church'. In 1961 'lakher Church' was renamed as 'lakher Independent Evangelical Church (LIEC)'. In 1966 it was again renamed as 'mara Independent Evangelical Church' followed by a further renaming as 'independent Church of Maraland (ICM)'. In 1989 the followers of the Church broke into two groups. The majority group established 'evangelical Church of Maraland (ECM)' with headquarter at Saiha. The minority group remained with ICM at Serkawr. In 1994 ICM was renamed as 'congregational Church of India (Maraland)', CCI (M), which was recognized by Rev. Dr. F. Lambert Carter, Moderator, Congregational church Federation of New South Wales (Australia ). The rival groups known as CCI (M) Saiha and CCI (M) Serkawr, remained united under CCI (M) till 2002 where-after in the assembly at Tongkolong the Church leaders were elected with Rev. L. Mark as General Secretary, Rev. L. Lychhua and Rev. K. T. Nocho as two Executive Secretaries for the period 2002-2005. Rev. K. T. Nocho was given the charge of Mission Department. He claimed that he would hold the charge of that department independently as per resolution in Vahai assembly in 2001. This came to be the contentious issue which finally split the followers into two factions, one is led by Rev. L. Mark known as Serkawr Group and the other led by K. L. Bana, known as Saiha Group. After the split bitterness flowed when one group cancelled pastoral ordination of the other. All attempts of the Church leaders to work out a settlement miserably failed. The bone of contention now centered round the Church properties which brought the Saiha Group to the court of District Magistrate (J) in Title Suit No. 2 of 2004 filed by its Chairman and General Secretary against the Serkawr Group claiming a declaration that it is the original CCI (M) and, therefore, entitled to hold in control all the CCI (M) church properties.

(3.) THE main question adverted to in the said proceeding is which group after the split can be said to be original CCI (M) to be entitled to hold the Church properties exclusively. It is not in dispute that the CCI (M) assembly of church-elders is the highest authority who can make or amend its constitution. The decisions in such assembly are taken by majority votes. It is also admitted position that in case of a split the group having the support of more than 50% of the members shall be in full control of the Church properties as provided in clause 2 (g) in chapter 14 of the church constitution. The learned trial court recorded the depositions of several witnesses from the rival sides and carefully appreciated the historical background of establishment of CCI (M) in the light of the materials placed on record including the Constitution of the Church. Before dismissing the suit of the Saiha Group the Trial Court noticed the following factual position :