The following is an extract taken from Canon Law.
Canon 538 sub clause may 3 be read in particular
“Can. 538 §1. A pastor ceases from office by removal or transfer carried out by the diocesan bishop according to the norm of law, by resignation made by the pastor himself for a just cause and accepted by the same bishop for validity, and by lapse of time if he had been appointed for a definite period according to the prescripts of particular law mentioned in ⇒ can. 522.
- 2. A pastor who is a member of a religious institute or is incardinated in a society of apostolic life is removed according to the norm of ⇒ can. 682, §2.
- 3. When a pastor has completed seventy-Five years of age, he is requested to submit his resignation from office to the diocesan bishop who is to decide to accept or defer it after he has considered all the circumstances of the person and place. Attentive to the norms established by the conference of bishops, the diocesan bishop must provide suitable support and housing for a retired pastor.”
- As per the said Canon the priest is requested to submit his resignation. No where does the said Canon differentiate between a Church, Shrine or bascilica. Even the Pope accepts the resignations of Bishops after they complete 75 years of age.
- Yet Cardinal Oswald Gracias continues to keep Priests as administrators of Church Properties after they complete 75 year of age defying Canon Law. We are of the opinion that Priests may continue their religious duties if they wish after completing 75 years what we are saying is that they should no longer be administrators of properties and be sole trustees once they complete 75 years of age. Both the trusts where these two priests are posted are not giving conveyance to Societies namely Nirmala Colony Bandra under the trusteeship of Fr. Nereus Rodrigues and Our Lady of Lourdes and Our Lady of Vailankanni and Perpetual Succour Co-op Hsg Society under the trusteeship of Fr. Simon Borges.
- Now see for yourself how Canon law is bent for certain individuals
- Some examples where Priests who have completed 75 years of age and are still not being relieved of administrative duties are as per their ages taken from the official website of the Archdiocese of Bombay
Rodrigues Nereus V. Date of Birth 05/04/1923 Age
Borges Simon Date of Birth