Frederick Jeyaraj.V v. The Most Rt.Rev Moderator/Bishop In Charge
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2021
CORAM
THE HON'BLE MR.JUSTICE R.MAHADEVAN WP(MD)No.10991 of 2021 and WMP(MD)No.8630 of 2021 V.Frederick Jeyaraj S/O.D.Vethamani Samuel, Member, CSI Tirunelveli Diocesan Council Meetper Nagar Pastorate, 89, 8th Street, Teachers Colony Phase 5 Meetper Nagar, Tirunelveli - 627 007.
... Petitioner Vs.
1. The Most Rt.Rev.Moderator / Bishop-in-charge CSI Tirunelveli Diocese, CSI Synod, No.5, Whites Road, Royapettah, Chennai - 14.
2. The General Secretary, CSI CSI Synod, No.5, Whites Road, Royapettah, Chennai - 14.
3. The Rt. Rev. Bishop / Moderator's commissary, CSI Tirunelveli Diocese, Tirunelveli Diocese, Tirunelveli District.
4. The Treasurer, Tirunelveli Diocesan Trust Association, CSI Tirunelveli Diocese, Tirunelveli, Tirunelveli District.
5. Pushparaj, Chairperson Sub Committee for Bishop Election, CSI Tirunelveli Diocese, Tirunelveli, Tirunelveli District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus to direct the respondents to re-constitute the sub committee for conducting the Bishop election for Tirunelveli diocese by appointing eligible members from among the elected members of diocesan council as 1/3
members of sub committee in consonance with Chapter VI Rule 5 of the Constitution of Church of South India by considering his representation dated 25.06.2021.
For Petitioner : Mr.Herold Singh S.C For R1 and R2 : Mr.Thangasivan For R3 and R4 : Mr.G.Prabhu Rajadurai
O R D E R
The petitioner has come up with this writ petition for a mandamus directing the respondents to re-constitute the sub committee for conducting the Bishop election for Tirunelveli Diocese by appointing eligible members from among the elected members of Diocesan council as members of sub committee in consonance with Chapter VI Rule 5 of the Constitution of Church of South India by considering his representation dated 25.06.2021. 2.According to the petitioner, he submitted a representation dated 25.06.2021 to the respondents raising objection with regard to the constitution of the sub committee for conduct of the Bishop election for Tirunelveli Diocese as if the same was not in consonance with Chapter IV Rule 5 of the Synod Constitution and hence, requested to reconstitute the said sub committee and remove the non-members in the voter's list. Since the said representation was not considered, he has come up with this writ petition for the aforesaid relief.
3.Heard both sides and perused the materials placed before this Court.
4.Considering the limited relief sought in this writ petition, this Court directs the first respondent to consider the representation of the petitioner dated 25.06.2021 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, 5th respondent and all other interested parties, within a period of two weeks from today.
5.With the aforesaid direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) rk 2/3
+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-25276[F] dated 05/08/2021 ) +1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-25337[F] dated 05/08/2021 ) +1 CC to M/s.P.P.ALWIN BALAN, Advocate ( SR-25294[F] dated 05/08/2021 ) WP(MD)No.10991 of 2021 and WMP(MD)No.8630 of 2021 04.08.2021 RD(6.08.2021) 3P 4C 3/3