The Bishop Rt. Rev. J. George Stephen v. A. Seshadri

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL and C.M.P.Nos.23379, 23382, 23337, 22105 and 22112 of 2023 The Bishop Rt. Rev. Dr. J. George Stephen S/o. Jeyaraj Bishop in Madras Church of South India, No.226, Cathedral Road, Chennai - 600 086.

...Appellant in both OSAs Vs.

1.Dr.A.Seshadri 2.A.Selvaraj 3.S.Robert 4.Elizabeth J. Rani 5.G.Nalan 6.A.Vedaiah 7.Church of South India Represented by its Moderator, Most Rev. Dharmaraj Rasalam, CSI Synod Secretariat, CSI Centre, No.5, Whites Road, Royapettah, Chennai - 600 014.

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8.Church of South India Trust Association, Represented by its Hony Secretary, Mr.C.Femandas Rathina Raj, CSI Synod Secretariat CSI Centre, No.5, Whites Road, Royapettah, Chennai - 600 014.

9.Most Rev. Dharmaraj Rassalam 10.Reuben Mark 11.Zeam Enock 12.Sarjine Thomas

...Respondents in both OSAs

Common Prayer : Original Side Appeal filed under XXXVI Rule 9 of the Original Side Rules read with Clause 15 of Letters Patent, praying to set aside the common order dated 05.09.2023 passed in A.Nos.54 and 55 of 2023 in C.S.No.86 of 2022.

For Appellant : Mr.P.S.Raman, Senior Counsel for Mr.V.P.Raman For Respondents : Mr.Vineet Subramani for R1 Mr.Hedge, Senior Advocate for R Mr.A.Immanuel for R2 Mr.V.Prakash, Senior Advocate for M/s.Adrian D.Rozario for R7 to R10 Mr.K.Thilageswaran for R11 and R12 C O M M O N J U D G M E N T 2/5

(Judgment of the Court was made by R.SUBRAMANIAN, J.) These appeals are at the instance of the Bishop of Madras Diocese, challenging the order passed in Application Nos.54 & 55 of 2023 in C.S.No.86 of 2022 wherein, a finding was rendered to the effect that the proposed amendments to the constitution of the Church of Synod was not adopted or approved by 2/3rd of the Diocesan Councils. The appellant is aggrieved because of the fact that finding of the learned Judge would nullify the amendments, one of which, is for extension of the age of retirement of the Bishops from 67 to 70. The amendments were to come into force on 27.12.2022. The amendments were adopted at the meeting of the CSI Synod held on 07.03.2022.

2.While disposing of another appeal in OSA.No.69 of 2022 today, we have affirmed the injunction granted by the learned single Judge of this Court restraining the CSI from implementing the resolutions relating to the enhancement of age of retirement of the Bishops and the terms of the Office of the elected Office Bearers and on the finding that the meeting of the synod dated 07.03.2022 was not properly convened.

3.In view of the said order that has been passed by us today, the 3/5

position of the appellant as a retired Bishop becomes undisputable. Therefore, these appeals challenging only to the portion of the order relating to the enhancement of age do not survive. Therefore, these appeals are disposed of as having become ineffective as any orders passed in these appeals cannot be implemented in view of our order passed in O.S.A.No.69 of 2022. No costs. Consequently, connected miscellaneous petitions are closed.

(R.S.M., J.) (R.S.V., J.) 27.02.2024 kkn Index :No Internet :Yes Nuetral Citation :No Speaking order R.SUBRAMANIAN, J.

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and R.SAKTHIVEL, J.

KKN and C.M.P.Nos.23379, 23382, 23337, 22105 and 22112 of 2023 27.02.2024 5/5