Court rules Bishop must step down: CEN 9.25.09 p 8. September 29, 2009
Posted by geoconger in Church of England Newspaper, Church of South India.trackback
| First published in The Church of England Newspaper.
The Madras High Court has backed the Synod of the Church of South India (CSI), and ordered the Bishop of Madras to step down. On Sept 18 the court overturned an appellate ruling that held the Bishop of Madras, Dr V Devasagayam, could not be compelled to retire until he reached the age of 65. However the High Court last week ruled the 10-year term of office for Bishops of the CSI could be enforced by the church’s synod, even though the bishop had not reached the age for mandatory retirement. |
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Justice M Chockalingam and Justice R Subbiah held that under Chapter IX clause 13 of the CSI constitution the Synod was the supreme governing and legislative body of the CSI, and it was the final authority in all matters pertaining to the church.
Lay members of the diocesan synod brought suit against Bishop Devasahayam this year, seeking an order compelling him to retire on May 1. The Synod and Moderator of the CSI Bishop John Gladstone backed the lay petition and removed the bishop from office. In June the lower court dismissed the suit, saying the 60-year-old Bishop of Madras could stay in office until he turned 65.
The CSI was a voluntary association under Indian law and was governed by its by-laws, or canons. No group or individual within the CSI could curtail, annul, amend or modify the canons, except in accordance with the terms of canon law, the lower court held, ruling the Synod’s decision to remove the bishop was a “manifest illegality.”
The Madras High Court reversed the lower court’s ruling, saying in 1999 the CSI Synod “made the appointment for only 10 years, and this was also approved subsequently and informed to Bishop Devasahayam. He also gave his consent in writing.”
“Having accepted the appointment for a period of 10 years, now he cannot be permitted to say that he would continue till 65 years of age,” the High Court held, affirming the dismissal of the bishop.
Under agreement with the synod the court said Bishop Devasahayam may continue as caretaker bishop until a new appointment is made.
