S. B. SINHA, G. P. MATHUR
Guruvayur Devaswom Managing Committee – Appellant
Versus
C. K. Rajan – Respondent
What is the scope and ambit of Public Interest Litigation in the management of a temple governed by a statutory enactment? What is the role of the High Court in entertaining a Public Interest Litigation concerning the management of a temple when a statutory enactment governs the field? How should courts exercise caution when entertaining Public Interest Litigation in matters of temple management governed by statutes?
Key Points: - The Supreme Court held that courts should be circumspect in entertaining public interest litigation (PIL) concerning the management of a temple governed by a statutory enactment, especially when the State has taken over management (!) (!) . - The Guruvayoor Devaswom Act, 1978, is a self-contained code with prescribed duties, functions, and forums for addressing grievances, and ordinarily, these forums should be approached first (!) (!) (!) . - The High Court should not have proceeded to supplant, ignore, or bypass the statute by entertaining the letter as a PIL and appointing a Commissioner for a general inquiry (!) . - The High Court's actions, such as appointing a Commissioner, seizing records, and directing the Administrator not to be transferred, usurped statutory powers and were not justified without strong and cogent reasons (!) (!) . - While courts have a role in ensuring justice, they should not ordinarily step into the management of a temple when a statute governs the field and the State has taken over management (!) . - The State should be asked to look into the grievances of aggrieved devotees as parens patriae and in discharge of its statutory duties (!) . - The High Court should not have taken over the power of appointment of the Commissioner by bypassing the procedure set out in the Act (!) . - The administration of a temple by entertaining complaints does not lead to a happy state of affairs, and roving inquiries are not contemplated (!) . - The Supreme Court acknowledged the High Court's effort in uncovering irregularities but emphasized that the High Court should not have bypassed the statutory framework (!) . - The Supreme Court disposed of the appeals, stating that the State should consider pending suggestions and pass appropriate orders on directions it cannot comply with within three months, recording cogent reasons (!) .
Judgment
S.B. Sinha, J.—Scope and ambit of a Public Interest Litigation in the matter of management of a temple governed by the provisions of a statutory enactment is the primal question involved in these appeals.
INTRODUCTORY REMARKS :
2. Sree Krishna Temple, Guruvayur draws millions of people all over the country. This ancient temple of unique importance is worshipped and held in great reverence by lakhs of devotees. The temple owns extensive movable and immovable properties and endowments. It has its own heritages and traditions.
3. The State of Kerala having regard to importance of the said temple with a view to make suitable provision for the proper administration of the Guruvayoor Devaswom enacted the Guruvayoor Devaswom Act, 1978 (Act 14 of 1978) (for short the Act ). The management of the temple is carried out in terms of the provisions of the said Act.
RELEVANT PROVISIONS OF THE STATUTE :
4. Some of the relevant provisions of the said Act inter alia are:
"6. Dissolution and supersession of Committee:
(1) If, in the opinion of the Government, the Committee is not competent to perform or makes default in performing the duties imposed on it under this Act or abuses or exceeds its
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