1. This order may be read in continuation of the judgment dated 20-6-1995 (Most Rev. P.M.A. Metropolitan v. Moran Mar Marthoma. Inasmuch as the Malankara Association was vested with control over the religious and communal affairs of the entire Malankara Christian community, it was held desirable and necessary that the Association must "truly and genuinely reflect the will of the said community". For ensuring it, it was observed :

"its composition must be so structured as to represent the entire spectrum of the community. A powerful body having control over both spiritual and communal affairs of the Malankara Church should be composed in a reasonable and fair manner." *

It was held that judged from the above angle, clause (68) of the 1934 Constitution cannot be said to be a fair one, inasmuch as the said clause provided for representation Parish Churchwise. We took note of the contention urged on behalf of the Patriarch group that with a view to obtain majority in the Association, the Catholicos group has created a number of new Parish Churches with very small membership and that giving equal representation to all Parish Churches irrespective of the strength of their membership is neither fair nor does it ensure a fair and proper representation of the community in the Association. It was held that it is (SCC p. 393, para 158)

"necessary to substitute clause (68) (now clause (71)) and other relevant clauses of the Constitution to achieve the aforesaid objective which would also affirm the democratic principle, which appears to be one of the basic tenets of this Church. Accordingly, we direct both the parties as well as the Rule Committee (mentioned in clause (120) of the Constitution) to place before this Court within three months from today draft amendments to the Constitution" *

It was observed that after perusing the said proposals, the Court will make appropriate directions

2. Accordingly, both parties have placed before us their respective proposals. Some other parties too have placed their proposals. The proposals put forward by the Patriarch group seek to amend a large number of clauses in the Constitution which was not the intention behind the above direction. The objective was to amend only clause (68) and other clauses to ensure the aforementioned objective

3. It is brought to our notice that there are two clauses in the Constitution which necessarily have to be amended if the aforementioned objective has to be attained. They are clauses (71) and (46) (renumbered clauses). They read as follows

"46. The Vicar or if inconvenient for him, one of the Assistant priests deputed by the Vicar and two laymen elected by every Parish Assembly in a diocese shall be members of the Diocesan Assembly. Their term of office shall be three years

71 : A priest and two laymen elected by each Parish Assembly and the members of the existing Managing Committee shall be members of the Association." *

4. We may now set out the amendments as proposed by the Catholicos group and Patriarch group

AS PROPOSED BY THE AS PROPOSED BY THE PATRIARCH

CATHOLICOS GROUP GROUP

Article 71 Article 71

The following shall be the (1) All men and women who are members

members of the Association of the Malankara Church, are not

i.e., less than the age of eighteen years

and are members of a Parish Assembly

(a) members of the existing in Malankara (Kerala) shall be

Managing Committee. members of the Malankara Association

(b) a priest from each (2) The following powers of the

parish elected by the Malankara Association shall beParish Assembly. exercised directly by all the members

of the Malankara Association and all

(c)(i) two laymen elected the other powers shall be exercised

by the Parish Assembly of by the Managing Committee and the

each of those parishes office-bearers so elected

whereof the number of

families are up to 400

(a) Election of the Catholicos

Malankara Metropolitan, Two

(ii) three laymen elected by Associate Trustees, Association

the Parish Assembly of each Secretary and Assistant to the

of those parishers whereof Malankara Metropolitan

the number of families are

between 401 and 800; (b) Election of the Managing

Committee

(iii) four laymen elected

by the Parish Assembly of Provided, however that such election

each of those parishes of members of the Managing Committee

whereof the number of shall be held at the level of the

families are between 801 dioceses in Malankara (Kerala), that

and 1200; is to say that the members of the

Association belonging to the Parish

diocese in Malankara (Kerala) will

(iv) five laymen elected by the vote and elect only those members

Parish Assembly of each of those of the Managing Committee who will

parishes whereof the number be representing that diocese

of families exceed 1200

(c) Ratification of the amendments

to the Constitution proposed by the

Managing Committee

(3) Whenever the office of the

Catholicos falls vacant or when a

vacancy is expected due to retirement

of the incumbent, the Managing

Committee shall propose two names for

final selection by the members of the

Association and the Metropolitan who

secures the higher number of votesshall be consecrated as the

Catholicos

For the above purpose each member of

the Managing Committee shall be

entitled to propose any Metropolitan

who is a Vice-President of the

Malankara Association. The names of

the two Metropolitans securing the

largest number of proposals shall be

placed before the Association members

for selection of one of them by

ballot. The Catholicos shall hold

office till he attains the age of 75

years of resigns

(4) Election shall be held once in

five years to the following offices

(i) Malankara Metropolitan;

(ii) Two Associate Trustees;

(iii) Association Secretary;

(iv) Managing Committee;

(v) Assistant to the Malankara

Metropolitan

(5)(a) Whenever a vacancy of a

Diocesan Metropolitan arises or is

expected on account of retirement of

the incumbent, the Election Committee

shall conduct an election for the

said office in the said diocese

(b) A priest of the Malankara Church

shall be elected to be consecrated

as the Metropolitan of a diocese by

the Association members of the Parish

Churches of that diocese

Provided that a priest to be elected

for consecration as Diocesan

Metropolitan should secure 50%+1 of

the votes polled among the members

of the Association in the diocese

The person thus elected shall be

consecrated by the Patriarch or the

Catholicos with the cooperation of

the Synod

(c) A Metropolitan shall hold

office till he attains the

age of seventy-five years

(d) In the first election after the

amendment of the Constitution, the

members in the diocese shall approveone of the two incumbent Diocesan

Metropolitans

Article 46 Article 46

46. (a) The Vicar or if it (a) The Parish Churches of the

be inconvenient for him, one Malankara Church are grouped

of the Assistant priests into dioceses and the number and

deputed by the Vicar as well jurisdiction of the dioceses shall be

as lay representatives elected determined by the Managing Committee

by the Parish Assembly of every of the Association from time to time

parish in the diocese as laid

down in clause (b) below shall (b) Every diocese shall have a

be the members of the Diocesan Diocesan Assembly which shall

Assembly. consist of the following

(b) Parishes, with up to 400 (i) Diocesan Metropolitan

families shall elect two (President)

representatives, those with

401 to 800 shall elect three (ii) All priests (including Vicars

representatives, those with and Assistant Vicars) who are in

801 to 1200 families shall active service in the diocese

elect four representatives

and those parishes exceeding (iii) Lay representatives of all

1200 families shall elect five the Parish Churches in the diocese

representatives from among the

lay members to the Diocesan Provided that the number of lay

Assembly. representatives to be elected to

the Diocesan Assembly from each

parish Church shall be fixed as

per the scale given below

(c) The term of office of Parish Churches having 100 or more

the Diocesan Assembly shall members but 500 or less members - 1

be three years. lay representative; Parish churches

having more than 500 members - 1

additional lay representative for

every additional 500 members and 1more lay representative for the

remainder of the members beyond the

multiples of 500 if such remainder

is not less than 250

Parish Churches having less than

100 members shall not be entitled

to have an independent lay

representative, but may with mutual

consent join any other Parish Church

and, if the combined strength of

their members is 100 or more, shall

be entitled to have a representative

for such combined strength

(c) 30% of the representatives of the

Parish Churches shall be women and

the wards to be reserved for women

to ensure such representation shall

be decided by the Election Committee

of the Association

(d) The term of office of the

Diocesan Assembly shall be

coterminus with that of the

Managing Committee

5. Having heard the counsel for the parties and considered the relevant facts and circumstances, we direct that Articles 71 and 46, as provided hereunder, shall stand substituted in the place of the existing Articles 71 and 46 in the Constitution with effect from this day

"71. The following shall be the members of the Byrian Christian Association (Malankara Association) viz

(a) Members of the existing Managing Committee

Provided that the nominated members of the Managing Committee, if any, shall not be entitled to vote at the election of the Catholicos, Malankara Metropolitan or any other holder of office who is to be elected by the Association

(b) A priest from each Parish Church elected by the Parish Assembly; provided that if in any Parish Church, there is only one priest, he shall be priest-representative of the Parish Church without the need of an election;

(c)(i) One layman member elected by the Parish Assembly of each Parish Church whose membership does not exceed 100 families;(ii) One additional layman member to be elected by the Parish Assembly of a Parish Church having a membership of more than 100 families but not exceeding 250 families;

(iii) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership exceeding 250 families but not exceeding 500 families;

(iv) One more additional layman member to be elected by the Parish Assembly of Parish Church having membership of more than 500 families but not exceeding 750 members;

(v) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 750 families but not exceeding 1000 families;

(vi) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 1000 families but not exceeding 1250 families;

(vii) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 1250 families but not exceeding 1500 families;

(viii) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 1500 families but not exceeding 1750 families;

(ix) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 1750 families but not exceeding 2000 families;

(x) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 2000 families

Provided that each family which is a member of the Parish Church shall have one vote and it is for the family to decide who among them shall participate in the voting

Provided further that a vote can be cast on behalf of the family either by a male member or by a female member provided he or she has attained the age of twenty-one yearsProvided further that the membership of each Parish Church shall be determined with reference to the entries in the relevant register maintained by each Parish Church as on the date of the judgment, i.e., 20-6-1995

(d) The term of the members elected under clauses (a) and (b) above shall be five years

(e) The Managing Committee shall be elected every five years soon after the election of the members under clauses (b) and (c)

46. The following shall be the members of the Diocesan Assembly, viz

(a) A priest from each Parish Church elected by the Parish Assembly; provided that if in any Parish Church, there is only one priest, he shall be the priest-representative of the Parish Church without the need of an election;

(b)(i) One layman member elected by the Parish Assembly of each Parish Church whose membership does not exceed 100 families;

(ii) One more additional layman member to be elected by the Parish Assembly of a Parish Church having a membership of more than 100 families but not exceeding 250 families;

(iii) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership exceeding 250 families but not exceeding 500 families;

(iv) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 500 families but not exceeding 750 families;

(v) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 750 families but not exceeding 1000 families;

(vi) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 1000 families but not exceeding 1250 families;

(vii) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 1250 families but not exceeding 1500 families;(viii) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 1500 families but not exceeding 1750 families;

(ix) One more additional layman member to elected by the Parish Assembly of a Parish Church having membership of more than 1750 families but not exceeding 2000 families;

(x) One more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 2000 families;

(c) The term of members elected under clauses (a) and (b) shall be five years."

6. It is directed that the election of members of the Association and the Diocesan Assemblies shall take place within three months from today on the basis of Articles 71 and 46 aforementioned

PART II

7. Another controversy which was raised before us relates to the appointments made on or after 1-1-1971 up to the date of the judgment of this Court. It is submitted that in respect of some posts, appointments have been made by both the groups, with the result that in respect of certain offices/posts, there is more than one claimant. At this juncture, it is not possible to give any specific direction as to who among the two contenders is the legitimate incumbent. It is accordingly directed that the status quo as on the date of the judgment shall continue until a new Managing Committee is elected. The said Managing Committee can decide the said dispute, if and when necessary

PART III

8. It is brought to our notice that the decree prepared by this Court pursuant to the judgment dated 20-6-1995 (Most Rev. P.M.A. Metropolitan v. Moran Mar Marthoma, has been wrongly prepared. This is agreed to by both Shri Parasaran, learned counsel for the Patriarch group and Shri F.S. Nariman, learned counsel for the Catholicos group

9. A decree drafted should truly reflect the operative decision and directions in the judgment. That is the principle. We, therefore, direct Ms Manju Goel, Registrar (Judicial II) to prepare a decree in the light of the judgment aforesaid, after notice to both the parties. It is obvious that the decree shall also incorporate the directions given in this order. If either party or both of them are not satisfied with the decree drafted by the said Registrar (Judicial II), the matter may be requested to be placed before us for appropriate orders in that behalf.