These petitions are heard and disposed of by this common order.

2. The petitions in WP 65648-680/2011 and WP 64805-868/2011, which are filed challenging the constitutional validity of the Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Act, 2011 (Act no.22/2011), were by an order dated 9.2.2012, directed by a learned single judge to be placed before a division bench -for disposal, with an intention that one stage of appeal be avoided and having regard to the need for an expeditious decision by this court.

3. The background to the legislation in controversy is stated to be as follows :

The State of Mysore, which stood reorganized by the States Re-organisation Act, 1956, (Hereinafter referred to as the ‘SR Act’, for brevity) with effect from 1.11.1956 and which stood re-christened as the State of Karnataka, with effect from 1.11.1973, is composed of the erstwhile princely State of Mysore, the erstwhile province of Coorg and parts of the erstwhile States of Bombay, Hyderabad and Madras.

In each of the above States and province, there were separate enactments governing temples and other religious institutions situate within those regions. With the coming into force of the SR Act, it became obligatory for the State of Mysore to enact a uniform law, which would govern all the temples, religious institutions, denominations, maths etcetera. In this regard, there were said to be two abortive attempts in the year 1963 and in 1977, respectively, to remove the inequality between temples and the maths situated in South Kanara District and those situated in other parts of the State. The Apex Court had thus been prompted to observe in the case of Shri Swamiji of Admar Math v. The Commissioner, HR & C Endowment Department, AIR 1980 SC 1; that the State did not make any effort to bring a uniform law which would be applicable to the entire State, in the matter of governance of Hindu Religious denominational temples etc.

It was only in the year 1997 that the Karnataka Hindu Religious and Charitable Endowments Bill was said to have been introduced, which had received the assent of the President of India as on 25.10.2001. Pursuant to which, it was enacted as Karnataka Act no.33 of 2001. It was brought into force vide notification dated 1.5.2003.

However, by a notification dated 30.4.2003, a day before the Act was brought into force, 34000 temples were declared as notified temples for purposes of Section 23 of the Act. This was promptly challenged by the Devalaganagapur Narasimhasaraswathi Math, Ganagapura, before the Gulbarga Bench of this court. A learned single judge had quashed the said notification, which was affirmed by a division bench in appeal. The matter is said to be pending before the Apex Court.

The Karnataka Act no.33/2001 itself having been assailed in a large number of writ petitions before this court, a learned single judge had dismissed the same. In appeals before a Division bench, it was held that the enactment was ultra vires Articles 14, 25 and 26 of the Constitution of India. That verdict is the subject matter of appeals before the Apex Court. There was an interim order granted by the Apex Court dated 2.4.2007 to the following effect :

"Issue notice.

Interim stay in the meantime. Ms. Kiran Suri, Mr. S.N. Bhat and Mr. P.P. Singh, Advocates takes notice on behalf of the respondents."

By a further Order dated 31.7.2009, the same was modified as follows :-

"Interim Order dated 02.04.2007 is vacated in so far as Section 25 of the Act is concerned."

This was possibly on account of the complaint of the respondents therein that the State was seeking to arbitrarily exercise power under Section 25 of the Act, by virtue of the Order of stay.

Further, even during the pendency of the appeals before the Apex Court, the State Government is said to have constituted a High Level Committee, headed by Justice M. Rama J