The petition filed through advocate Haris Beeran had sought a declaration holding that the consecration of Catholicos without inviting the Patriarch was invalid as it violated the judgment of the Supreme Court in KS Varghese that upheld the validity of the 1934 Constitution as binding on the Malankara Church.
A different petition had been filed before the Kerala High Court days before the consecration meeting that was held on October 15 seeking to prevent the consecration of new Catholicos.
However, the meeting went on as planned with a new Catholicos, Dr Mathews Mar Severios who adopted the new name of Baselios Mar Thoma Mathews III Catholicos, after he was consecrated.
The single-judge had dismissed the plea holding that the Church is not a State under Article 12 of the Indian Constitution, and no writ will lie against churches.
In the appeal, the petitioners contended that the single-judge failed to take note of the fact that several orders have been passed by the Kerala High Court itself to enforce the judgment in KS Varghese.
Therefore, they sought orders to set aside the single-judge’s decision and restraining the new Catholicose from exercising spiritual, ecclesiastical and temporal powers in the capacity of Catholicose of the Malankara Orthodox Syrian Church as his consecration is in violation of the judgment of the Supreme Court in the Varghese case.
Source: Barandbench
