AR. Lakshmanan, J.

The petitioners in the Original Petition challenge the procedure for the election of members to the Managing Committee of the Guruvayur Devaswom, which, according to S.4 of the Guruvayur Devaswom Act, 1978, is to be done by Hindus among the Council of Ministers of the State of Kerala. When the Original Petition came up before the Division Bench comprising of AR. Lakshmanan, Ag.C.J. (as he then was) and S.Sankarasubban, J, on 9th July, 1999, a detailed order was passed in C.M.P. No 26343 of 1999 recording the undertaking given by the learned Advocate General and also of the Government Pleader that the Hindus among the Council of Ministers will not elect or nominate any member to the Managing Committee of the Guruvayur Devaswom without obtaining permission from this Court. A separate order of reference was also passed by the said Bench on the same day referring the matter to a larger Bench of five Judges. Since the field is covered by the decision of a larger Bench and three Full Benches of this Court, the Division Bench felt that this matter requires consideration by a larger Bench, preferably by a Bench comprising of five Judges. That is how this matter came up before this larger Bench.

2. The first petitioner is the President of the Kerala Kshethra Samrakshana Samithi, a body registered under the Societies Registration Act, having its headquarters at Kozhikode. According to the petitioners, the said Samithi is specifically formed and registered for the purpose of protection of the devotees of various temples in Kerala and for protection of temples, their properties, their rights, etc. The second petitioner is the General Secretary of Vishva Hindu Parishad, the office of which is situated in the Pavakkulam templepremises. The petitioners, is stated, have filed this Original Petition on their own behalf as ardent believers in God and temple worship and ardent devotees of Lord Guruvayoorappa. It is stated that they worship regularly at Sri Guruvayoor Temple and thus constitute its denomination. It is also stated that the Original Petition is filed on behalf of their respective organisations and countless millions of devotees of Lord Guruvayoorappan, who are unable to come to this Court for reasons of financial constraint and lack of organisation and facilities.

3. Section 4 of the Guruvayoor Devaswom Act, 1978, with which we are concerned reads as follows : "4. Composition of Committee:- (1) The Committee shall consist of the following members, namely:.

(a) the Zamorin Raja;

(b) the Karanavan for the time being of Mallisseri Illom at Guruvayoor;

(c) the Thanthri of the Temple, ex.qfficio;

(d) a representative of the employees of the Devaswom nominated by the Hindus among the Council of Ministers;

(e) not more than five persons, of whom one shall be a member of a Scheduled Caste, nominated by the Hindus among the Council of Ministers from among persons having interest in the Temple.

(2) A person shall be disqualified for being nominated under clause (e) of sub.s.(1), if .

(i) he believes in the practice of untouchability or does not profess the Hindu Religion or believe in temple worship; or

(ii) he is an employee under the Government or the Devaswom; or

(iii) he is below thirty years of age; or

(iv) he is engaged in any subsisting contract with the Devaswom, or

(v) he is subject to any of the disqualifications mentioned in clauses (a), (b) and (c) of sub.s.(3) of S.5.

(3) The members of the Committee shall, at its first meeting, elect one of its members as its Chairman.

(4) Every member of the Committee shall, before entering upon his office, make and subscribe in the presence of the Commissioner an oath in the following form, that is to say.

"I, AB, do swear in the name of God that I profess the Hindu Religion and believe in temple worship and that I do not believe in the practice of un touch ability."

The Managing Committee of Guruvayoor Devaswom consists of nine members as provided in clauses (a) to (e) of sub.s.