Supreme Court Order July 12, 2002

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In the Supreme court of india civil appellate jurisdiction civil appeal no. 8185 of 2001

Petitioner
Moran Mar Thoma Mathews
Most Rev. Thomas Mar- D Metropolitan & Ors.
Versus
Respondents

ORDER

This Hon’able Court in its main judgement dated 20-6-1995 in CA 4958-60 of 1990 reported in 1995 (Sup) SCC at 394 Held that:

“Thereafter elections to be Malankaek Association shall be held on the basis of the amended Constitution. The Associatin so elected shall be the Association for all purposes within the meaning of and for the purpose of the 1934 Constitution (as amended form time to time)

Certain alternations were made in this judgement on 25th March 1996 and 5th Februay 1997 (reported in 1996 (8) SCC 470 and 1997 (10) SCC 614

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 Courts Observer dated 10th April 2002. The name is duly approved and taken on record.

It is declared that the Association so elected pursuant to the judgment dated 20th June 1995 and the consert order dated 28th November, 2001 shall be the Association for all purposes within the meaning of and dor the purposes of the 1934 Constitution as amended.

The Malankara Association as converted by the order of this Court dated 28th november, 2001 having decided by majority that Moran Mar Baselious Marthoma Mathews II is is the Malankara Metropolitan, this decesion 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.

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 Malankark Association and of its Managing Committee.

No other contention was raised and no other direction has been given.

Each side will give Rs. 1,00,000 /- to the Registrar within three weeks from today for being forwarded to Mr. justice Malimath as his remuneration
The appeals is disposed of in the aforesaid terms.

New Delhi
july 12, 2002

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CJI

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(K. G. BALAKRISHNAN)