Case Note & Summary
The Supreme Court was seized of post-judgment matters arising from its earlier judgment delivered on January 20, 1995, in a dispute concerning the Malankara Church. The present order dated February 5, 1997, dealt with the final drafting of the decree in terms of the earlier judgment, correction of errors in the substituted Articles 71 and 46 of the 1934 Constitution, and extension of time for conducting elections. The Court had, by order dated March 25, 1996, requested the Registrar to prepare the decree after notice to both parties. The Registrar drafted a decree to which both parties filed objections. The matter was remitted for revision, and a revised draft decree again attracted objections from both sides. After hearing counsel for the parties, the Court gave specific directions for the preparation of the decree. It directed that the decree should first set out the ten clauses found in Para 142 of the judgment, then set out two specified portions from Para 141, followed by Para 150 dealing with the Kananaya church, and finally state that the decree passed by the High Court (the decree under appeal) would stand modified to that extent. In Part II of the order, the Court inserted a sentence in the order dated March 25, 1996, requiring that any person claiming to hold any office or post in the church must be bound by and swear allegiance to the 1934 Constitution. In Part III, the Court noticed an error in Articles 71 and 46 as drafted, where the word 'families' had been used instead of 'members of the Parish Assembly'. It directed substitution of 'member' or 'members' wherever 'family' or 'families' occurred, and clarified that 'members' referred to members as contemplated by clause (7) of the 1934 Constitution dealing with Parish church and Parish Assembly. The first proviso in Article 71 was deleted. In Part IV, the Court noted that due to the controversies, no elections had been held as directed. It had earlier directed elections within three months from March 25, 1996, on the basis of the amended Articles. The time for conducting elections of members of the Association and Diocesan Assemblies was extended up to and inclusive of April 30, 1997. The order was procedural and aimed at implementing the substantive judgment, correcting clerical errors, and enabling compliance with the election timeline. No substantive legal issue was decided afresh, and the Court's directions were binding on both parties to the dispute.
Headnote
A) Civil Procedure - Decree Drafting - Supreme Court directions for preparation of decree - Church Constitution, 1934, Articles 71, 46, clause (7) - The Court directed the decree to set out the ten clauses in Para 142, specified portions of Para 141, Para 150, and modify the High Court decree accordingly. Both parties had filed objections to the draft decree, and the Court resolved the drafting by specifying exact portions to be included. Held that the decree shall be prepared in the manner indicated to give effect to the earlier judgment (Paras 142,141,150). B) Church Constitution - Amendment of Articles - Correction of error substituting 'member/members' for 'family/families' - Church Constitution, 1934, Articles 71, 46, clause (7) - The Court observed that in Articles 71 and 46, as drafted, the word 'families' had been used instead of 'members of the Parish Assembly'. It directed substitution of 'member' or 'members' wherever 'family' or 'families' occurred, and clarified that 'members' referred to those contemplated in clause (7) of the 1934 Constitution. Held that the first proviso in Article 71 was deleted (Paras 142,141,150). C) Election Law - Extension of Time - Election deadline extended to April 30, 1997 - Church Constitution, 1934, Articles 71, 46 - Both parties submitted that no elections could be held due to controversies, and the Court had earlier directed elections within three months from March 25, 1996. The Court extended the time for conducting elections of members of the Association and Diocesan Assemblies up to and inclusive of April 30, 1997. Held that the extension was necessary to enable compliance with the amended Articles (Paras 142,141,150).
Issue of Consideration
Drafting of decree in accordance with judgment dated January 20, 1995; correction of errors in Articles 71 and 46 of the 1934 Constitution; extension of time for conducting elections
Final Decision
Decree to be prepared by setting out ten clauses of Para 142, specified portions of Para 141, Para 150, and modifying the High Court decree; correction of Articles 71 and 46 by replacing 'family/families' with 'member/members'; deletion of first proviso in Article 71; election deadline extended to April 30, 1997
Law Points
- Directions for drafting decree to reflect paragraphs of earlier judgment
- correction of errors in Articles 71 and 46 by substituting 'member/members' for 'family/families'
- deletion of first proviso in Article 71
- extension of election deadline to April 30
- 1997
