Present Catholicos not Malankara Metropolitan: HC

By Our Staff Reporter

KOCHI, APRIL 6. A Division Bench of the Kerala High Court on Friday ruled that the present Catholicos of the East could not claim to be the Metropolitan of the Malankara Orthodox Syrian Orthodox as he had not been duly elected after the constitution of the Malankara Association.

The Bench comprising Mr. Justice P.K. Balasubramanyan and Mr. Justice T.M. Hassan Pillai made the ruling while disposing of a petition filed by the Patriarch group leaders seeking to refer their plea for executing the Supreme Court ruling in the Church dispute case to a single judge. The apex court had ordered that election be held to the Malankara Association in accordance with the 1934 Church constitution.

The court did not allow the plea but remitted the case to the First Additional District Court, Ernakulam, to hear the plea.

The judges pointed out that the Supreme Court verdict in the Church dispute case did not recognise the status of Catholicos as Malankara Metropolitan who had been elected after January 1, 1971. In fact, the apex court had ordered that Malankara Association be formed by holding fresh elections in terms of the Church constitution. Though the Supreme Court had recognised him as Catholicos (the position which was accepted by his rival group), the Supreme Court did not recognise his status Malankara Metropolitan.

The court also observed that if the First Additional District Court (executing court) held that elections had been held in various parishes and a valid Malankara Association constituted, it would be open for the Association to elect the Catholicos or any other person as Metropolitan. If no election had been held in any parishes, the lower court could conduct election in these parishes by appointing impartial commissioners. Besides, if the lower court found that the Supreme Court directive had not been obeyed, obviously election to the post of Metropolitan could be held after the Malankara Association was duly formed. On the contrary, if the lower court was of the opinion that the Supreme Court verdict had been complied with, no further question would arise. The Supreme Court directives would ensure that a true representative body would come into existence and further the aim of putting an end to the schism in the church.

The Bench also refused the plea of the Patriarch group to extend the time fixed by the Supreme Court for holding elections to the Association, saying that the High Court had no jurisdiction to do so.

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