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Madras High CourtA/4897/2022closed

S.M.Chandra And 4 Others v. Church Of South India Synod And 9 Others

2023-06-19Honourable Mr Justice K.Kumaresh Babu4 pages

in C.S.No.237 of 2022 K.KUMARESH BABU,J.

This Application has been filed seeking for issuance of interim direction directing the respondents to conduct an election to the post of Bishop, Medak Diocese as per the Constitution of the Church of South India and the bye laws of the Medak Diocese. 2.Learned counsel appearing on behalf of the 1st defendant would submit that the 3rd defendant has suspended the 10th defendant vide proceedings dated 29.11.2022 and the 10th defendant challenged subsequent proceedings, which had been taken up by the 4th defendant herein, pursuant to the order of suspension. However, the 10th defendant had entered appearance not only on his behalf but also on behalf of the defendants 6 to

8. When the same was brought to the notice of the learned counsel, a Memo, dated 19.06.2023 has been filed today, revoking his Vakalath with respect to defendants 6 to 8 and the same is recorded. 1/4

3.Since, the order of suspension is subject matter of scrutiny before the Synod Court and only subject to the final decision of the Synod Court, the status of the 10th defendant would be ascertained. If he is successful before the Synod Court, then there is no question of election as claimed by the plaintiff. However, if the decision of the Synod Court goes against the 10th defendant then the election will be held. 4.Learned counsel appearing on behalf of the plaintiff would request this Court to permit the plaintiff to participate in the proceedings before the Synod Court.

5.In view of the submissions made by the learned counsel appearing on behalf of the 1st defendant, since, the proceedings are pending before the Synod Court as to the suspension and also the charges leveled against the 1oth defendant, no orders are required to be made in this instant application for the present. It is always open to the plaintiff to approach the Synod Court and make a representation that they are to be heard in the 2/4

proceedings. When such application is made, the Synod Court may consider the same and pass appropriate orders before proceeding any further and dispose of the same. With the above observations, the above captioned Application is closed.

19.06.2023 gba 3/4

K.KUMARESH BABU,J.

Gba in C.S.No.237 of 2022 19.06.2023 4/4