Dr. Vimal Sukumar v. D. Lawrence & Ors.

Judgment

[2025] 5 S.C.R. 1731 : 2025 INSC 622 Dr. Vimal Sukumar v. D. Lawrence & Ors. (Civil Appeal No(s). 6264-6266 of 2025) 02 May 2025 [Bela M. Trivedi and Satish Chandra Sharma,* JJ.] Issue for Consideration The instant appeals are arising out of the two impugned orders dated 27.02.2024 and 12.04.2024 by which the Division Bench of the High Court declared re-election of all the office bearers since it was held that the electoral college itself was flawed and appointed committee of administrators to conduct re-elections. Furthermore, it was held that the amendments to the bye-laws had not been carried out in accordance with the procedure prescribed in the Constitution of Church of South India (CSI) and it was held that the Special Meeting of the Synod held on 7th and 8th March 2022 was not duly convened.

The key issues that arise for consideration in the present appeals are as follows: (i) The validity of the Synod meeting convened on 07.03.2022, where certain amendments to the CSI Constitution were approved; (ii) The validity of the amendments to the Constitution and Bye-Law of the CSI; (iii) The validity of the Election of the Moderator; (iv) Whether the elections of other office bearers i.e. Deputy Moderator, General Secretary and Treasurer should be set aside due to alleged irregularities in the Electoral College; (v) Whether there should be an appointment of the Committee of Administrators to conduct fresh elections; (vi) Whether suits filed without obtaining leave under Order 1 Rule 8 of CPC are maintainable.

Headnotes† Election – Constitution of Church of South India – Chapter XIII – The validity of the Synod meeting convened on 07.03.2022, where certain amendments to the CSI Constitution were approved: Held: This Court is of the considered opinion that the Special Meeting of the Synod on 07.03.2022 was duly convened – By * Author 1732 [2025] 5 S.C.R. going through the minutes of the Special Executive Committee of the Synod meeting held on 12.01.2022, it can be observed that: (a) Executive Committee of the Synod decided to send a resolution for the proposed constitutional and bye-law amendments to the Synod for the consideration and approval at its Special Session; (b) Executive Committee of the Synod decided to summon a special meeting of the Synod for the aforesaid purposes and to authorise the Moderator and other Officers of the Synod to fix the time and place of the meeting in consultation with the Bishops and (c) Executive Committee of the Synod decided to direct the General Secretary to prepare and circulate the proposed amendments to all the Bishops for forwarding the same to each and every member of the Synod in their respective dioceses – Thereafter, a Meeting Notice dated 10.02.2022 was issued by the General Secretary of CSI, informing all the members of the Synod that a decision to convene a Special Synod Meeting on 7th and 8th March, 2022 at Bishop Heber College has been taken by the Special Executive Committee – In the absence of provisions in the CSI Constitution regarding the manner of convening meetings of the Synod, a 25 days’ notice was provided to the members of the Synod prior to the Special Meeting of the Synod – This chain of communication and procedural compliance further substantiates the fact that due process was followed in relation to the convening and conduct of the meeting – It can further be concluded that large numbers of the members attended the Special Meeting of the Synod and therefore the meeting cannot be said to have been conducted without notice – Therefore, it can prima facie be established that the Special Meeting of the Synod on 07.03.2022 was duly convened. [Paras 56, 56.1] Election – Constitution of Church of South India – Chapter XIII – Amendment to the Constitution and Bye-laws – The validity of the amendments to the Constitution and Bye Law of the CSI: Held: The present amendments to the CSI Constitution and its Bye-laws traces its origin in ordinary meeting of the Synod held on 14th and 15th January, 2020 – The Resolutions Committee’s report from that meeting directed the Constitution Revision Committee to develop the necessary amendments – Consequently, the Constitution and Bye-Laws Revision Committee of the Synod Supreme Court Reports [2025] 5 S.C.R.

1733 proposed amendments to the CSI Constitution and the Bye-Laws, following Rules 2 & 3 of Chapter XIII of the CSI Constitution – These proposed amendments were presented to the Special Synod Executive Committee on 12.01.2022 and after deliberation, the Executive Committee resolved to bring the amendments before the Synod, in accordance with Rule 2 (a) of Chapter XIII of the CSI Constitution – The main amendments related to increase in age of retirement, change in qualifications for post of General Secretary and Treasurer, and changes to the Synod (electoral college) – While the Single Judge held that the proposed amendments to the bye-laws are valid, it invalidated the proposed amendment to the Constitution – This Court is not inclined to interfere with the findings of the Single Judge of the High Court with regards to the validity of the amendments to the Constitution and the Bye-Laws of the CSI which are governed under Chapter XIII of the CSI Constitution under Rule 2 and Rule 3 – In consequence thereof, the findings of the Division Bench of the High Court regarding the validity of the amendments to the bye-laws are hereby set aside. [Paras 57, 58] Election – Constitution of Church of South India – Chapter IX – Election of the Moderator – The validity of the Election of the Moderator: Held: Taking into consideration the validity of the Election of the Moderator, the Single Judge is correct in holding that the said election of the Moderator is invalid – Rules 7 and 8 of Chapter IX of CSI Constitution details the election and tenure of the key Synod Officers including Moderator and Deputy Moderator, who are elected from among diocesan bishops – All officers, including the General Secretary and Treasurer, are elected by Synod ballot – Their terms align with the Synod’s ordinary meetings which according to Rule 20 of Chapter IX of the CSI Constitution is required to be held once in every three years – Further, bye-Law 7 of the CSI Constitution prescribes the manner in which the election shall be conducted – It also prescribes that the Bishop who is nominated by the Bishop’s Council to be the Moderator should not be due to retire during the ensuing term – In the present case, since the incumbent Moderator completed the age of 67 years in May 2023 and elections were held on 11.10.2020 for the three years period ending on 11.10.2023, it cannot be said that it was a fair Dr.

Vimal Sukumar v. D. Lawrence & Ors. 1734 [2025] 5 S.C.R. nomination and hence, lacks legitimacy and integrity in the election process – Even after considering the amendment to the Constitution by which the age limit for retirement was increased to 70 years, as recorded earlier, the said amendment is not enforceable since the same was not duly ratified which makes the said amendment by which the age limit was increased as invalid – Having regard to the above-mentioned facts, the election of the Moderator is said to have been tainted, thereby affecting its validity. [Paras 59, 59.1] Election – Constitution of Church of South India – Whether the elections of other office bearers i.e. Deputy Moderator, General Secretary and Treasurer should be set aside due to alleged irregularities in the Electoral College: Held: The Division Bench found that the electoral college was flawed based on the grounds that some of the diocesan councils do not comply with the requirements of the CSI Constitution regarding the nominated members i.e. bye laws states that number of members who should be below the age of 35 years and the number of women members – However, these factual assertions do not bear the direct impact on the core issues in the present applications, which pertains to the validity and effect of the amendments in question on the electoral process – The focus for consideration is not on the individual composition of the diocesan council per se, but rather on whether the amendments impacted the legitimacy of the election as a whole – Therefore, the Division Bench has declared the electoral college flawed without establishing the causal link to the amendments in question – Accordingly, the findings of the Division Bench is set aside on this point – The order previously passed by the Single Judge shall stand restored – Consequently, the elections conducted for the other office bearers—namely, the Deputy Moderator, the General Secretary, and the Treasurer—shall be deemed valid and will continue to hold legal sanctity but will be subject to the outcome of the suits. [Paras 60, 60.1] Election – Constitution of Church of South India – Whether there should be an appointment of Committee of Administrators to conduct fresh elections: Held: Since the election of the Moderator is declared as invalid and it is not in the interest of 4.5 million members of the CSI that Supreme Court Reports [2025] 5 S.C.R.

1735 the institution functions without a Moderator until the final disposal of the suit – Moreover, the records indicate that the office bearers rushed the amendment process, despite the bye-law allowing two years for ratification by diocesan councils – This suggests they aimed to pass the amendments before the 2023 2026 elections – These facts warrant appointing an election officer to conduct the Moderator’s election for that term – Therefore, the finding of the Single Judge of the High Court regarding the appointment and role of retired High Court judge in the election process is sustained. [Para 61] Code of Civil Procedure, 1908 – Or.1 R.8 – Constitution of Church of South India – Whether suits filed without obtaining leave u/Or.1 R.8 of CPC are maintainable.

Held: This Court is of the considered opinion that the position of law regarding the applicability of Or.1 R.8 of CPC is well settled – Or.1 R.8 CPC does not prescribe any stage at which the application can be filed – While it is not a mandatory pre condition for the institution of a suit or for the granting of interim relief, it is a procedural requirement that cannot be disregarded altogether which bears upon the binding nature of any orders issued – Therefore, while the absence of Or.1 R.8 is a curable defect, its compliance remains crucial to ensure the enforceability and representative effect of the orders passed – Leave under Or.1 R.8 may be obtained at any stage of the proceedings; however, it is emphasized that until such leave is formally granted, the orders passed from these proceedings may not be considered binding upon the entirety of the membership of the CSI – Accordingly, this Court concurs with the findings of the Division Bench of the High Court passed in O.S.A.

Nos.236, 237 and 238 of 2023 – Furthermore, the order passed by the Division Bench in O.S.A. No.188, 190 and 192 of 2023 is affirmed – It is well settled law that grant of leave u/Or.1 R.8 is not prerequisite for grant of interim reliefs since the permission under the said rule can be granted at any stage of the proceedings. [Para 62] Constitution of Church of South India – Power to amend the CSI Constitution: Held: This Court recognizes that the power to amend the CSI Constitution rests with the Synod, and nothing in this order should be interpreted as interference with that amending power. [Para 66] Dr. Vimal Sukumar v. D. Lawrence & Ors. 1736 [2025] 5 S.C.R. Case Law Cited