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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, HARISANKAR V. MENON, JJ.
Muraleedharan.M, S/o. Late Chandran Nair.V – Appellant
Versus
The Malabar Devaswom Board – Respondent
W.P.(C)NO.38468 OF 2023
Decided on : 14-08-2024
| Table of Content |
|---|
| 1. background of the writ petition (Para 1) |
| 2. claims about disqualification of trustees (Para 2 , 6 , 7) |
| 3. reference to prior judgments on trustees (Para 3 , 4 , 5) |
| 4. court's preliminary observations on control and management (Para 8 , 9 , 10) |
| 5. procedural issues in trustee appointments (Para 11 , 18) |
| 6. petitioner's right to challenge political affiliations (Para 12 , 13) |
| 7. counter arguments of respondents (Para 14 , 15) |
| 8. observations on fair selection procedures (Para 16 , 17) |
JUDGMENT :
Anil K. Narendran, J.
|
| INDEX |
| Sl. No. | Description |
| 1. | Background, pleadings and arguments. (Paras.1 to 19) |
| 2. | Provisions under the Madras Hindu Religious and Charitable Institutions Act, 1951. (Paras.20 to 43) |
| 3. | The directions contained in Ext.P7 judgment dated 29.09.2023 - Muraleedharan M. and another v. Malabar Devaswom Board and others [2023:KER:65964]. (Paras.44 to 62) |
| 4. | Whether the absence of reason in Ext.P8 order dated 25.10.2023 would vitiate the process undertaken by the 2nd respondent Commissioner pursuant to Ext.P1 notification dated 19.01.2022. (Paras.63 to 112) |
| 5. | Maintainability of a writ petition under Article 226 of the Constitution of India challenging Ext.P8 order dated 25.10.2023 of the 2nd respondent Commissioner . (Paras.113 to 122) |
| 6. | Whether the eligibility criteria prescribed in Ext.P1 notification dated 19.01.2022 issued by the 2nd respondent Commissioner inviting applications for appointment as non-hereditary trustees of Sree Vairamcode Bhagavathi Temple are at variance with the provisions under the Act of 1951. (Paras.123 to 125) |
| 7. | Collateral challenge made against the guidelines dated 18.05.2004 by the 8th respondent. (Paras.126 to 127) |
| 8. | The eligibility and disqualification clause contained in the guidelines dated 18.05.2004 and Ext.P1 notification dated 19.01.2022. (Paras.128 to 151) |
| 9. | A fair and transparent mechanism in the matter of appointment of non-hereditary trustees in Devaswoms/Temples, till rules are made under the Act. (Para.152 to 154) |
The petitioner, who is a devotee of Sree Vairamcode Bhagavathi Devaswom, Thirunavaya, in Malappuram District, which is a controlled institution under the 1st respondent Malabar Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P8 order dated 25.10.2023 of the 2nd respondent Commissioner , Malabar Devaswom Board, whereby respondents 5 to 8 herein have been appointed as non-hereditary trustees in the Board of Trustees of that Devaswom. The petitioner has also sought for a writ of mandamus commanding the 2nd respondent Commissioner to appoint non-hereditary trustees in Sree Vairamcode Bhagavathi Devaswom, in terms of valid applications remaining pursuant to Ext.P1 notification dated 19.01.2022, within a time frame to be fixed by this Court; and a writ of mandamus commanding the 2nd respondent Commissioner to issue an appropriate order constituting a selection committee for appointment of non-hereditary trustees in the temples (Devaswoms), which are controlled institutions under the Malabar Devaswom Board, including the nominee of the Commissioner , Executive Officer of the Devaswom, the Thantri, Melsanthi and hereditary trustee of the Devaswom, within a time frame to be fixed by this Court, and ensure that further selection of non- hereditary trustees are made in terms of the same.
2. The petitioner submitted Ext.P2 application before the 2nd respondent Commissioner , pursuant to Ext.P1 notification dated 19.01.2022, for appointment as non-hereditary trustee of Sree Vairamcode Bhagavathi Devaswom. Respondents 5 and 6 have also submitted applications, i.e., Exts.P3 and P4 applications, pursuant to the said notification. Altogether 23 applications were received pursuant to Ext.P1 notification. Alleging that the 2nd respondent is attempting to appoint ac
The appointment of non-hereditary trustees must adhere to established eligibility criteria, ensuring that active politicians are disqualified, and the process must be fair and transparent.
The court emphasized that active politicians are disqualified from being appointed as non-hereditary trustees, mandating adherence to established eligibility criteria and transparent selection proces....
Point of Law : Temple or its precincts cannot be made a place where political parties should look forward to give political asylum to their workers.
The appointment of non-hereditary trustees is valid under the Hindu Religious and Charitable Endowments Act when there is evidence of mismanagement by hereditary trustees, and full legal procedures a....
The appointment of non-hereditary trustees must comply with statutory provisions requiring notice and enquiry regarding the management of the institution.
The appointment of non-hereditary trustees must comply with statutory requirements, including notice to hereditary trustees and documented reasons for disqualification.
The court ruled that the Madras Hindu Religious and Charitable Endowments Act does not permit the formation of a committee to oversee the actions of a hereditary trustee.
Political affiliations alone do not disqualify individuals from being appointed as temple trustees unless they are proven to be active politicians.
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