Bhopal: The Madhya Pradesh High Court has adjourned the hearing of
a petition that seeks to set aside the appointment of Archbishop Leo Cornelio
as the head of the Archdiocese of Bhopal Society.
A
Catholic priest of the archdiocese, Father Anand Muttungal, filed the petition. The
priest’s petition says the archbishop’s appointment as the head of the diocesan
society was arbitrary, illegal and unconstitutional and sought direction to
quash his appointment.
According
to the priest, the diocesan society was registered under a state law that
governs registered societies (the Madhya Pradesh Society Registrikaran
Adhiniyam, 1973) and the bishop’s appointment as its head violated the law. Quoting
from the provisions of the law, he said only a member of the society is
eligible to become or elected as the head (president/chairperson) of the
society.
The
archbishop became the chairperson of the diocesan society that deals with the
religious activities by virtue of his appointment as bishop by the Vatican. However,
Archbishop Leo’s appointment was unconstitutional as he was not a member of the
diocesan society, the petition pointed out. It
is a common practice in the Catholic Church that a bishop automatically becomes
the head of the diocesan society.
An
adverse order from the court in this case would have serious repercussions for
the Church in India as it would question bishop’s continuing as the head of the
diocesan societies across the country. Father
Muttungal also wants the court to strike down a by-law in the diocesan society
that permitted a bishop to become the natural head of the society without being
member of the society and the consent of other members of the society.
A
bishop is appointed according to Canon Law, which is respected in the Indian
courts. But
when it comes to the appointment of bishop as head of a diocesan society that
is duly registered within the country it will have to follow the law of the
land and the Canon Law is will not be applicable, notes the priest’s counsel
Manjit PS Chuckal.
The
petition is before the principal bench of the High Court at Jabalpur. The
bench headed by Justice KK Lahoti adjourned the hearing when the matter came up
for hearing on Tuesday. Earlier,
the priest had approached the Registrar of Firms and Societies with same demand
but to no avail.
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