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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
PRASHANT KUMAR MISHRA, D.V.S.S. SOMAYAJULU, JJ.
K.B. Sethuraman - Petitioner
Versus
The State of A.P. - Respondent
W.P.(PIL) No. 231 of 2020, W.P. No. 5105 of 2019 and W.P. No. 806 of 2021
Decided On : 13-10-2022
The Ahobilam Temple is an integral and inseparable part of Ahobilam Math, which was established as a part of propagation of Hindu religion and for rendering spiritual service for propagating Sri Vaishnavism. The successive Jeeyars are the trustees of the Ahobilam Devasthanam and since the Government cannot appoint an Executive Officer for the Ahobilam Math, it has no power to appoint an Executive Officer for the Ahobilam Temple by treating it separate from the Math. Appointing an Executive Officer for Temple, which is a part of the Math, is violative of Article 26(d) of the Constitution of India, as the same affects Jeeyars’/Mathadipathis’ right of administration.
Fact of the Case:
The Ahobilam Temple has been under the control of Sri Ahobilam Mutt since time immemorial. The details and history of Ahobilam Temple has been described in the following manner: According to Brahmanda Purana, Ahobilam is the place where the Lord Ahobila Narasimha Swamy killed the demon Hiranya Kasipu and after saving Prahlada took oath on him to live in a cave in Ahobila Kshetram on the banks of river Bhavanashini near Gajakundam and ordered Prahlada to stay before him. The Lord who saved Prahlada and took the oath on himself to reside in a cave in Ahobilam, appeared before Sri Kidambi Srinivasacharya, gave Sanyasa Deeksha, a ritual that is needed to become the Jeeyar (pontiff), and the authority to administer Ahobilam Mutt temple to him. The Lord also handed over the idol of Lord Malola Narasimha Swamy with Lakshmi (Utsava Moorthy) to the Jeeyar with instructions to carry the idol with him and spread the philosophy of Sri Vaishnavisam and do Prapatti to his followers. Prapatti is a ritual which would help the inner soul to render services to God once the person leaves this material world. As the First Jeeyar of Sri Ahobila Mutt got the Sanyasa Deeksha and temple administration directly from the Lord, Sri Kidambi Srinivasacharya was called by the name Sri Narasimha Jeeyar or Srimad Azhagiyasinghar, which in Tamil means beautiful lion. Receiving the orders of the Lord, Sri Narasimha Jeeyar traveled from Ahobilam to Alwar Thirunagari and installed Nammalwar Vigraham there. For this great service, Sri Narasimha Jeeyar was honoured with Hamsa Mudra of Nammalwar and the title Sri Adivan Satagopa Yatheendra Mahadesikan. Successive Jeeyars of Sri Ahobila Mutt are the trustees to Sri Ahobila Mutt Parampara Aadheena Sri Lakshmi Swamy Ahobilam Devasthanam since then in succession continuously without any disturbance from any quarters and are administering the said temple in the name of Nammalwar – Srivan Satagopa Sri. This entire history has its reference in Sankeerthanas of Sri Thallapaka Annamacharya, the disciple of Sri Adivan Satagopa Yatheendra Mahadesikan and in Amukthamalyada written by Sri Krishnadevaraya, the famous Vijayanagara ruler which clearly establishes the inseparable connection between Sri Ahobila Mutt and Sri Ahobila Mutt Parampara Aadheena Sri Lakshmi Narasimha Swamy Devasthanam Ahobilam. The rituals and worship in Sri Ahobila Mutt Parampara Aadheena Sri Lakshmi Narasimha Swamy Devasthanam, Ahobilam are being done as per the Pancharatra Agama Sastra. According to the tenets “Mutt Sampradaya Niroopanam” in Paramapurusha Samhitha of Sri Pancharatra Agama, Temples which follow Mutt Sampradaya will have the Mathadhipathi of the Mutt, as the Dharmakartha (trustee) to administer the temple. The Dharmakartha will be the primary Sishya of such Mutt who will be appointed following the Guru Sishya Lineage. Hence it is very clear that Sri Ahobila Mutt Parampara Aadheena Sri Lakshmi Narasimha Swamy Devasthanam, Ahobilam is having a best temple administrative system as per the Agama due to the fact that the Jeeyars of Sri Ahobila Mutt are in charge of the administration of the temple as per the divine instructions of Lord Ahobila Narasimha.
Finding of the Court:
The Court finds that the posting of a Government servant in the Ahobilam Temple is not supported by any statutory provision or a rule. While it is a fact that there is some delay in the challenge of this appointment, the fact remains that this post of an Executive Officer is per se contrary to the provisions of the 1966 Act or the later Act. Therefore, on the ground of mere delay, this Court cannot approve the said decision since in the opinion of this Court it is void ab initio and in violation of constitutional right guaranteed under Article 26 of the Constitution of India.
Issues: Whether the Ahobilam Temple is a part and parcel of the Ahobilam Math.
Ratio Decidendi: The Court held that the Ahobilam Temple is an integral and inseparable part of Ahobilam Math, which was established as a part of propagation of Hindu religion and for rendering spiritual service for propagating Sri Vaishnavism. The successive Jeeyars are the trustees of the Ahobilam Devasthanam and since the Government cannot appoint an Executive Officer for the Ahobilam Math, it has no power to appoint an Executive Officer for the Ahobilam Temple by treating it separate from the Math. Appointing an Executive Officer for Temple, which is a part of the Math, is violative of Article 26(d) of the Constitution of India, as the same affects Jeeyars’/Mathadipathis’ right of administration.
Final Decision: The Court allowed all the writ petitions and declared that the State of Andhra Pradesh has no authority, jurisdiction or entitlement under law to appoint an Executive Officer of Sri Ahobila Mutt Parampara Aadheena Sri Lakshmi Narasimha Swamy Devasthanam (Ahobilam Math Temple). Consequently, it was declared that appointment of 3rd respondent as Executive Officer vide proceedings Rc.No.E2/15021/202/2020 dated 30.12.2020, is illegal and the same is, accordingly, set aside. As a corollary, the 3rd respondent was restrained from interfering with the affairs of Sri Ahobila Mutt Parampara Aadheena Sri Lakshmi Narasimha Swamy Devasthanam (Ahobilam Math Temple) including operation of its bank accounts and the traditional administration and operation of the bank accounts by the Jeeyar of Ahobilam Math Temple, is restored.
ORDER :
Prashant Kumar Mishra, J.
The arguments in these cases were commenced by the learned senior counsel Sri C.R. Sridharan in W.P. (PIL) No.231 of 2020. Sri W.B. Srinivas, learned senior counsel argued on behalf of the petitioners in other two Writ Petitions. Learned Advocate General argued on behalf of the respondent-State.
2. W.P. (PIL) No.231 of 2020 is preferred by a person claiming to be a devotee and a person interested in the Ahobilam Math and Temple. The petitioner prays for any writ, order or direction, more particularly, one in the nature of a writ of quo warranto questioning the authority of the 2nd respondent in appointing the 3rd respondent as Executive Officer of Sri Ahobila Mutt Parampara Aadheena Sri Lakshmi Narasimha Swamy Devasthanam and the authority by which the 2nd respondent has directed the 3rd respondent to change the age-old traditional administration in the name of Srivan Satagopa Sri to the one under the name and seal of the 3rd respondent and to quash the appointment order as well as order to operate bank accounts in the name and seal of the 3rd respondent thereby restoring the tradition of administration and operation of bank accounts by the Jeeyar of Sri Ahobila Mutt.
3. The prayer in W.P.No.5105 of 2019 is for issuance of a Writ of Mandamus declaring the action of the 2nd respondent in imposing the 3rd respondent – Executive Officer in the administration of Ahobilam Devasthanam, which is under the management of Ahobilam Math, as unconstitutional, being ultra vires of the Act 30 of 1987, without jurisdiction, arbitrary, illegal and violative of the fundamental rights of the devotees of the Ahobilam Temple.
4. The prayer in W.P.No.806 of 2021 is for issuance of a Writ of Mandamus declaring the action of the 2nd respondent in appointing the 3rd respondent as Executive Officer vide proceedings Rc.No.E2/15021/202/2020 dated 30.12.2020 and imposing the administration of the 3rd respondent on Ahobilam Devasthanam which is under the management of Ahobilam Math.
5. It is stated in the writ affidavit in W.P. (PIL) No.231 of 2020 that Ahobilam Temple has been under the control of Sri Ahobilam Mutt since time immemorial. The details and history of Ahobilam Temple has been described in the following manner :
“The Lord who saved Prahlada and took the oath on himself to reside in a cave in Ahobilam, appeared before Sri Kidambi Srinivasacharya, gave Sanyasa Deeksha, a ritual that is needed to become the Jeeyar (pontiff), and the authority to administer Ahobilam Mutt temple to him. The Lord also handed over the idol of Lord Malola Narasimha Swamy with Lakshmi (Utsava Moorthy) to the Jeeyar with instructions to carry the idol with him and spread the philosophy of Sri Vaishnavisam and do Prapatti to his followers. Prapatti is a ritual which would help the inner soul to render services to God once the person leaves this material world. As the First Jeeyar of Sri Ahobila Mutt got the Sanyasa Deeksha and temple administration directly from the Lord, Sri Kidambi Srinivasacharya was called by the name Sri Narasimha Jeeyar or Srimad Azhagiyasinghar, which in Tamil means beautiful lion. Receiving the orders of the Lord, Sri Narasimha Jeeyar traveled from Ahobilam to Alwar Thirunagari and installed Nammalwar Vigraham there. For this great service, Sri Narasimha Jeeyar was honoured with Hamsa Mudra of Nammalwar and the title Sri Adivan Satagopa Yatheendra Mahadesikan.”
“Successive Jeeyars of Sri Ahobila Mutt are the trustees to Sri Ahobila Mutt Parampara Aadheena Sri Lakshmi Swamy Ahobilam Devasthanam since then in succession conti
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