SC stays Bombay HC order allowing Bishops to continue beyond retirement age
New Delhi, May 30 (UNI) The Supreme Court on Friday granted an interim stay on the Bombay High Court's order dated May 5, 2025, which had allowed Bishop N.L. Karkare and Bishop Subodh C. Mondal aged 76 and 73 respectively, to continue as 'Active Bishops' of the Methodist Church of India, despite exceeding the prescribed retirement age.
A bench comprising Justice B.V. Nagarathna and Justice Satish Chandra Sharma passed the interim order after hearing arguments from both sides. 'We have heard the senior counsels for the petitioners and the senior counsel for the Respondent Nos. 1 and 2. Interim stay of the order until further orders,' the bench recorded.
Senior Advocates Kapil Sibal and Mukul Rohatgi appeared for the petitioner, the Methodist Church, arguing that the continued service of the two bishops violates the Church's constitutional bylaws, specifically the 'Book of Discipline', which mandates retirement at the age of 70.
Senior Advocates Abhishek Manu Singhvi and Ranjit Kumar appeared on behalf of the Respondents. Singhvi contended that the delay in conducting the mandatory Quadranium, a Church conference held every four years to address administrative matters, including retirements had led to the current situation.
He emphasised that the Respondents do not wish to remain in office beyond their retirement period and will step down as soon as the Quadranium concludes, scheduled for July 2 or 3, 2025.
Addressing the Court's concern about manipulation of Church processes, Singhvi raised an issue involving Petitioner No. 5, Bishop Dr. Anilkumar Servand, who is currently 69 years and 11 months old.
Singhvi alleged that the petitioner was seeking to conduct elections before his 70th birthday in order to be elected and thereby continue beyond the retirement age under the cover of a Quadranium session.
'He is saying, conduct the election before July 2 so he can continue beyond 70. He wants to cross 70 after getting elected, which would extend his term unfairly,' Singhvi argued.
To this, Justice Nagarathna remarked, 'Petitioner No. 5 can't stay just for the election.'
Ranjit Kumar and another advocate for the Respondents reiterated that none of the bishops wished to overstay their term and that the delay in transition was purely due to the adjournment of the 2023 Quadranium session, which had been postponed due to budgetary constraints within the Church.
The bench has stayed the High Court's interim relief and will hear the matter further at a later date.
The matter raises significant questions about internal governance within religious institutions and the limits of judicial intervention in ecclesiastical affairs, Singhvi contended.
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