Division Bench Rules Internal Church Matters Not Subject to Writ Jurisdiction, Refers Larger Bench for Clarity
In a significant ruling, the Madras High Court's Division Bench at the Madurai Bench has set aside a Single Judge's order appointing a retired judge as an administrator for conducting elections in the Tirunelveli Diocese of the Church of South India (CSI). The court highlighted that the internal communication within CSI, particularly regarding administrative appointments and election conduct, does not involve public duty or law elements, thus falling outside the purview of writ jurisdiction under Article 226 of the Constitution of India.
The case, which saw multiple writ appeals, stemmed from disputes within the CSI concerning the appointment of an Administrative Committee by the Synod to oversee the Tirunelveli Diocese's administration and elections. The petitioners, members of the congregation, had challenged the internal communication from the Synod, leading to the Single Judge's decision that was later contested.
The Division Bench, comprising Justices C.V. Karthikeyan and R. Sakthivel, emphasized that the Synod, as the supreme governing body, has the authority to intervene in diocesan matters, especially when administrative vacuums arise. The court underscored the private nature of the Synod's communication and noted that writ jurisdiction is inappropriate for internal church disputes lacking statutory control or public law elements.
Further, the Bench expressed doubts over the applicability of the Full Bench's decision in the D. Bright Joseph case, which allowed writ petitions against CSI, suggesting it requires reevaluation. The judgment has been referred to the Chief Justice for potentially forming a larger bench to revisit the scope of writ jurisdiction in such religious internal matters.
The court's ruling also dismissed related contempt petitions and miscellaneous petitions, reinforcing the autonomy of religious bodies in managing their internal affairs, provided no statutory laws are breached.
Bottom Line :
Article 226 - Internal communication issued by Church of South India Synod to Tirunelveli Diocese appointing an Administrative Committee for interim administration and conduct of diocesan elections - Held, such communication is a purely internal matter without public duty or public law element and is not amenable to writ jurisdiction - Order of Single Judge appointing retired Judge as Administrator set aside - Matter directed to be placed before Hon'ble Chief Justice for constitution of Larger Bench to re-examine correctness of Full Bench view in D.Bright Joseph on maintainability of writs against CSI in internal matters.
Statutory provision(s): Article 226 of the Constitution of India
Church of South India v. G.Selvakumar, (Madras)(DB)(Madurai Bench) : Law Finder Doc id # 2989514
