30 May 2025, 09:59 AM
The Supreme Court today (May 30) granted a stay against the Bombay High Court's interim order dated May 5, 2025, which allowed Bishop N.L. Karkare (Respondent No. 1) and Bishop Subodh C. Mondal (Respondent no. 2), who are admittedly at the age of 76 and 73 years, respectively, to continue as 'Active Bishops' of the Methodist Church of India.
It is the case of the petitioner, the Methodist Church, that the Respondents Nos. 1 and 2 were allowed to continue contrary to the provisions and bylaws of the Constitution of the Methodist Church, which prescribes the age of retirement as 20 years.
A bench of Justice BV Nagarathna and Justice Satish Chandra Sharma passed an order: "We have heard learned senior counsels for the petitioners and learned senior counsel for the Respondent No. 1 and 2. Interim stay of the impugned order until further orders."
Before the bench, Senior Advocate Kapil Sibal and Senior Advocate Mukul Rohatgi appeared for the petitioner. Whereas, Senior Advocate Abhishek Manu Singhvi and Senior Advocate Ranjit Kumar appeared for Respondents no. 1 and 2, respectively.
Both Sibal and Rohatgi opposed the interim order and questioned how the Respondents No. 1 and 2 could continue when the 'Book of Discipline' of the Methodist Church prescribes a retirement age of 70 years.
Whereas, Singhvi submitted that it is a Quadranium held, which is the process through which the Respondents would retire. He added that it was supposed to be held in 2023 but was adjourned. Singhvi also clarified that the Respondents do not wish to continue beyond their period of retirement.
Singhvi, however, contended that the Petitioner 5, Bishop Dr Anilkumar Servand, is 69 years 11 months today, and he wants the election to take place before his birthday so that he gets elected before turning 70 years. If he were elected before his birthday, and even if he crosses 70 years, if there is a Quadranium, he will have to continue beyond his prescribed age of retirement.
"He is saying, prior to the end of the session in July 2, so he gets to continue beyond 70 years. Your lordship may recall, I will not continue a day after announces the elections after July 2, or 3. He wants election before July 3. I have had 40 years of service and he wants the something, after getting elected before July, he wants to cross 70. He is 69 years, 11 months," Singhvi said.
Justice Nagarathna orally remarked: "He [petitioner 5] can't stay for the election."
Singhvi submitted that the Respondents will step down on July 2 or 3, when the Quadranium ends. Kumar also reiterated this submission.
Another advocate, for the Respondents, submitted that nobody wants to continue beyond their period of retirement, and it only happened because there was a Quadrannium. She added that they will have to step down through a process which requires the General Conference, held every 4 years, but the petitioner no.1 did not have the budget, and therefore, the 2023 session was adjourned.
Case Details: THE METHODIST CHURCH IN INDIA Vs BISHOP N.L. KARKARE|SLP(C) No. 14696/2025
Appearances: Senior Advocate Kapil Sibal, Senior Advocate Mukul Rohatgi, Mr. Joshua Samuel Adv. And Sahil Tagotra AoR[for petitioner]
Senior Advocate Abhishek Manu Singhvi, and Senior Advocate Ranjeet Kumar