The Mahalokadalat held at Charity Commissioner office, Aurangabad, on Sunday, September 18 , 2011, declared that St Mary’s Orthodox Church, Aurangabad should be governend as per 1934 Constitution of Malankara Orthodox Syrian Church.
This is a great victory for our Church, especially during the time of Our Bava Thirumeni’s fasting at Kolencherry for implementing our 1934 Constitution in Kolencherry Church, and is the fruit of prayer and fasting done by our beloved Bava Thirumeni.
St Mary’s Orthodox Syrian Church, Aurangabad was established in 2005 and in the year 2005 itself, the Church have been registered as a trust in the Assistant Charitable Commissioner Office, Aurangabad, under the Bombay Public Trust Act 1950 bearing registration No. E 1079 dated 17-12-2005.
It should be noted that most of the parishes outside Kerala Dioceses are registered as Trusts according to the local situations. Only by doing this, the Parishes are accepted and recognized by the respective state or Government. As the law of the land, this type of registration was allowed by the Holy Episcopal Synod of the Church.
Since all the parishes are bound by the rules and regulations laid in the Constitution of 1934, the same constitution should be reproduced and submitted before the Honorable Charity Commissioner. It is allowed to prepare and formulate according local situations but cannot change any rules and regulations laid in the Constitution of 1934. That means even though the Parish is registered as a public Trust, the Parish should governed and ruled by the articles and traditions of the Malankara Orthodox Syrian Church.
Unfortunately, the Scheme submitted by St.Marys Orthodox Syrian Church, Aurangabad before the Honorable Charity Commissioner in the year 2005 was with many contradictions with the Constitution of Malankara Orthodox Syrian Church. Some of the articles in the trust deed No.E 1079 are entirely against the rules and regulations laid in the constitution of 1934. According to the registered deed, the power of general management of the Parish was vested in Parish Managing Committee and not with the General Body. The Management committee have the right to expel any of the parish member, without the permission of General body, Diocesan Metropolitan and even the Malankara Metropolitan. The Trust law empowered them to sell or lease any of the property of the Church either by the Auction or by private contract. This trust deed made many administrative and operational constrains in almost all the parishes outside Kerala.
With the view to overcome this administrative crisis and operational constrains the General Body meeting of the Parish on 19th April, 2009, unanimously passed the resolution amending the clauses of the existing rules and regulations of the Trust deed E. 1079. The said General Body proposed amendment, with signature of Diocesan Metropolitan and copy of the resolution were submitted to the Charity Commissioner office. But some of the Parishioners were against this amendment and they gave appeal against the decision of the General Body and of Diocesan Metropolitan, before the Charity Commissioner. Thus the litigations started.
By the grace of God, and I believe, this verdict mainly because prayer and fasting of Our Bava, His Holiness Baselius Marthoma Paulose II. We got this verdict, completely in favour of our Church.
Main points of the verdict are fallowing:-
1.St.Mary’s Orthodox Syrian Church, Aurangabad should be governed as per 1934 Constitution of Malankara Orthodox Church, which was approved by Honorable Supreme Court of India.
2. The problematic clauses of Trust Deed become invalid and the Charity Commission will produce a new Scheme as per the 1934 Constitution and the back bone of this Scheme will be the 1934 constitution.
Fr.Thomas Philipose is the Asst. Vicar of Aurangabad St Mary’s Orthodox Syrian Church