Moran Mar Thoma Mathews v. Most Rev. Thomas Mar-D Metropolitan
2002-07-12
B.N.KIRPAL, K.G.BALAKRISHNAN
body2002
DigiLaw.ai
ORDER : 1. This Hon'ble Court in its main judgment dated 20.6.1995 in C.A. 4958-4960 of 1990 reported in 1995 (Supp.4) SCC at 394 held that: Thereafter, elections to the Malankara Association shall be held on the basis of the amended Constitution. The Association so elected shall be the Association for all purposes within the meaning of and for the purposes of the 1934 Constitution (as amended from time to time). 2. Certain alterations were made in this judgment on 25th March, 1996 and 5th February, 1997, Most Rev. P.M.A. Metropolitan and Others vs. Moran Mar Marthoma Mathews and Another, 1996 (8) SCC 470 and Most Rev. P.M.A. Metropolitan and Others vs. Moran Mar Marthoma Mathews and Another, 1997 (10) SCC 614 . 3. Pursuant to the consent order dated 28th November, 2001 passed by this Hon'ble Court in this appeal, it was ordered that fresh elections to the Malankara Association should be called and be held, and the same have been accordingly called and held (as also consequential elections of the Members of the Managing Committee of the Malankara Association) as reported in the Report of Court Observer dated 10th April, 2002. The same is duly approved and taken on record. 4. It is declared that the Association so elected pursuant to the judgment dated 20th June, 1995 and the consent order dated 28th November, 2001 shall be the Association for all purposes within the meaning of and for the purposes of the 1934 Constitution as amended. 5. The Malankara Association as convened by the order of this Court dated 28th November, 2001 having decided by majority that Moran Mar Baselious Mar Thoma Mathews II is the Malankara Metropolitan, this decision is declared final and binding and not subject to challenge in any Court or any other forum (as provided in the previous order dated 28th November, 2001 of this Court). 6. Satisfaction is; duly recorded of this Court (as further amended by orders dated 25th March, 1996 and 5th February, 1997) in all respects with regard to the elections of Malankara Association and of its Managing Committee. 7. No other contention was raised and no other direction has been given. 8. Each side will give Rs. 1,00,000/- to the Registrar within three weeks from today for being forwarded to Mr. Justice Malaimath as his remuneration. 9. The appeal is disposed of in the aforesaid terms.