In Accordance to the Judgment Dated 9.01.2008 of the District gudge, Gorakhpur in Misc. Case No. 03 of 2008 Committee of Management, St. Andrew's Inter College Gorakharpur Versus State of U.P and A.R Stephen CNI Bishop.
It is Clear that the Lucknow Diocesan Trust Association is registered in Company's . Act, 1956 and Shri S.P Prakash (Bishop) has Produced the Certificate Dated 25.06.2003 which is verified by the Asstt. Registrar of Company Uttar Pradesh + Uttaranchal Issued Certificate that the Certificate is valid upto. 24.06.2008 and the name of Bishop S.P. Prakesh is undarced chairman as Lacknow Diocese Trust Association.
On Page 4 of the Judgment dated 9.1.2008, the first of management governing body field by Bishop S.P Prakash is Valid and Sri S.P Parkash is Chairman of the Lucknow Diocesan Trust Association and S.P Prakash is chairman of the governing Body which is Approved Scheme of Administration.
It is clear from the Fact's given above that the Bishop S.P Prakash, Bishop of Lucknow, Anglican Church who Submitted the Committee of Management is Constituted according to the approved Scheme of Administration and list attached with This order shall elect Vice-President, Manager and Assistant Manager and Shri S. K. Saxena, Additional District Judge, Gorakhpur Shall be Observer.
Order Passed by
Upper District Judge , Gorakharpur
Note:- The Same Order of the District Judge, Gorakharpur was Challenged in the Honorable High Court, Allahabad.
The Most Rev. Samuel P. Prakash went to Challenge the Order of Singh judge of High Court Allahabad in Special Appeal No. 808 of 2008 in the Honorable High Court, Allahabad, Which was heard by Honorable Justice Janardan Saha and Honorable Justice Sudhir Agarwal, the extract passed on dated 22.07.2008.
" It appears that in Pursuance of the order Passed in the Special Appeals afcresaid, the District Judge as Court Observer Passed an order dated 29.1.2008 holding that the list of the Members of the Committee of Management furnished by Sri S.P. Parkash, Bishop of the Lucknow Anglican Church is the Valid list of Members of the Committee of the Management constituted according to the scheme of administration and election to the Post of Vice President, Manager, Assistant Manager shall be held on the basis of the list. The District Judge appointed Sri S.K.Saxena, Additional District Judge as Court Observer".
On Page-5 of the Judgment (Last Para)
Before considering the above I may first decide the preliminary objection raised by Sri Pandey that this writ Petition would not be maintainable as the petitioners, including the Diocesan Education Board (D.E.B.) and the Lucknow Diocesan Trust Association (L.D.T.A.) are bodies of the Church of North India (C.N.I.), and would have no locus standi to file this writ petition. According to Sri Pandey, it is the Anglican Church of India, which is the successor of the Church of India, Pakistan, Burma and Ceylon, which alone has the right to manage the Institutions and not the C.N.I.
On the Page-7 of the Judgment
In our opinion there is no finding in the order dated 27.2.2006 that the CNI is the successor of the Church of India, Pakistan, Burma and Ceylon or that since its constitution the CNI was to be treated as the Church mentioned in the scheme of administration. In our opinion the observations in the order dated 27.2.2006 regarding succession to the Church of India, Pakistan, Burma and Ceylon or control over the Management were made merely the context of the locus stand of the petitioners in those cases and cannot be construed as findings on the rights of the parties.
Note:- On the above Judgment CNI Bishop A.R Stephen went to Supreme Court and field Appeal No. 27506/2008 against Bishop Samuel P. Parkash. The appeal dismissed 0n 28.11.2008 and reproduced as follows:-
Archbishop John Hepworth
Traditional Anglican Communion