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180Re: [SOCM-FORUM] The Supreme Court Judjment

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    Dec 6, 2001
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      Dear Father,

      I Think the copy published in the forum was a typed
      copy of one Fr. Punchakonam of Methran faction, so
      there may have been some spelling mistake etc. such
      as'Marthoma Syria Orthodox Church'. I don't have the
      exact copy, but have read an advt. in Manorama,
      published by Devolokom church.

      Now about using ,'Malankara Metropolita', yes it is
      not mentioned so in that particular portion, there is
      again a controversy regarding this. The Catholicose
      even now insists on using it and said so, may be under
      compulsion from the extremists from his group. But
      unfortunately he is falling prey to these fellows who
      is always trying to keep trouble in the Church. If he
      is so sincere to conduct the election process
      impartially and smoothly, he may not try to make such
      statements, such as that he made at Nedumbassery
      Airport, a day after the latest judgment. But that's
      the problem which this Church is facing for so many
      years now.

      John Philip

      --- "Fr. John Kunjukunju" <fatherjohnkk@...>
      wrote: > Dear Reji, I have some doubts about the
      > Why the court abreviated the name of Defendant while
      > appelent is in full. When we never use that title
      > 'Most Rev' how the court got it. The name of the
      > Church does not fit
      > in well. There is no mention not to use 'Malankara
      > Methran' in the call to meet. Will you please try to
      > get an official copy and publish. Love, Fr John KK
      > ----- Original Message -----
      > From: Thomas Daniel
      > Sent: Tuesday, December 04, 2001 4:38 AM
      > To: SOCM-FORUM@yahoogroups.com
      > Subject: [SOCM-FORUM] The Supreme Court Judjment
      > In The Supreme Court of India
      > Civil Appellate Jurisdiction
      > Civil Appeal No of 2001
      > (Arising out of S.L.P.©No.7593/2001)
      > Moran Mar Thoma Mathews …. Appellant
      > Versus
      > Most Rev. Thomas Mar D. Metropolitan & Ors.
      > Respondents
      > ORDER
      > Leave granted.
      > This Appeal arises from the judgment of the Kerala
      > high court which had disposed of an application
      > under order LXV Rule 15 of C.P.C. filed by the
      > respondents for the transmission of the decree of
      > the Court in Most Rev. Thomas Mar D. Metropolitan &
      > Ors. Vs. Moran Mar MarThoma & Anr. (1995 Suppl. (4)
      > SCC 286) for execution. In the impugned judgment,
      > the court did not go in to the dispute as to weather
      > the said decree had been complied with by the
      > calling of election, as had been claimed by the
      > appellant herein. The Court, however herein had not
      > been claimed by the appellant herein had not been
      > elected as the Malankara Metropolitan. This finding
      > of the High Court is contested by the appellant in
      > the appeal.
      > Both the parties belong to Marthoma Syria Orthodox
      > Church. Apparently there are two factions in this
      > and there has been an effort made by this Court to
      > see that there is unity and reconciliation among
      > them.
      > This is quite evident from the following passage in
      > the aforesaid judgment of Hon’ble Jeevan.J
      > (Retd.Judge of this Court: - “159 we hope that the
      > unity and integrity of the Malankara Church will be
      > maintained and continued by the above arrangement
      > which is wholly consistent and indeed in furtherance
      > of the objectives underlying the Mulanthuruthy Synod
      > resolutions. Elections to the Malankara Association
      > shall have to be held periodically so as to keep its
      > representative character alive and effective”.
      > We have heard the Council for the parties at length
      > and are glad to know that there is a sincere effort
      > by both sides to see that the disputes are amicably
      > settled. A compromise formula has been agreed to
      > between the parties which would envisage an election
      > of the Malankara Association, which was the
      > direction issued by the Court in the aforesaid
      > decision, read with the subsequent orders of this
      > Court reported as 1996(8) SCC 470 and (10) SCC 614.
      > It would be in our opinion, appropriate to direct
      > the execution of the decree stands complied with or
      > is to be executed by the trial court. This is a
      > suggestion which has been accepted both the
      > parties.With the consent of the both the parties, we
      > give the following directions:-
      > (i) The impugned judgment of the Kerala High Court
      > dated 6th April 2001 passed in C.M.P No.2079/1997 in
      > A.S No. 331/1980 is set aside;
      > (ii) Notwithstanding the withdrawal of the interim
      > applications which were filed in this Court
      > previously, fresh elections to the Malankara
      > Association will be held and no Court other than
      > this court will entertain any suit, application or
      > interfere with the elections or the election process
      > or results at any stage.
      > (iii) Fresh elections shall be called by Moran Mar
      > Baselios Marthoma Mathews II by issuing necessary
      > Kalpanas to Parishes and the Malankara Association
      > will be convened under article 74 of the 1934
      > Constitution as amended.
      > (iv) Both the parties desire that an observer should
      > be appointed to ensure free and fir elections. Mr.
      > Justice V.S Malimath (Retired Chief Justice of the
      > Kerala High Court) may be requested to accept Office
      > of Observer and to oversee that the elections so
      > called are held in a free and fair manner. In this
      > connection, he will be at liberty to give such
      > advice as he may think necessary for ensuring the
      > execution of the Court’s decree.
      > (v) If the Malankara Association when convened,
      > decides by majority that Moran Mar Baselios Marthoma
      > Mathews II is not the Malankara Metropolitan third
      > respondent will voluntarily resign his office as
      > Malankara Metropolitan. If the Malankara Association
      > when convened decides by majority that he is the
      > Malankara Metropolitan, all the parties will accept
      > the decision as final and binding, i.e. this
      > decision will not be subject to challenge in any
      > Court or other forum.
      > (vi) Time-schedule for elections and thereafter for
      > convening the Malankara Association will be worked
      > out in accordance with past practice and procedure
      > by the third respondent in consultation with the
      > observer.
      > Each of the two parties will deposit initially a sum
      > of Rs.50, 000/- with the registrar of the Court
      > towards the cost, expenses and the remuneration of
      > the Observer. Copy of this order be sent by the
      > registrar (Judl.) to Mr. Justice V.S Malimath with
      > the requests that he may kindly convey his
      > acceptance at an early date.
      > The exercise of conducting elections and thereby
      > executing this Court’s Decree should be completed
      > on or before 31st March 2002. The Observer is
      > requested to submit a reports to this Court on the
      > conduct of the election and the execution of the
      > decree within a fortnight thereafter. The appeal be
      > listed for further directions and for recording the
      > satisfaction of the decree on 15th April, 2002
      > (sd) (B.N Kripal)
      > (sd/)K.G Balakrishnan
      > New Delhi
      > November 28,2001
      > Sources: Malayalamanorama dated 2nd December 2001
      > Advertised from Catholicate Office, Devalokam,
      > Kottayam
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