IMPORTANT POINT
The court emphasized that active politicians are disqualified from being appointed as non-hereditary trustees, mandating adherence to established eligibility criteria and transparent selection processes.

JUDGMENT :

Anil K. Narendran, J.

1. The petitioner, who is a devotee of Sree Vayathur Kaliyar Temple, which is a controlled institution under the 2^nd respondent Malabar Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3^rd respondent Commissioner, Malabar Devaswom Board to consider and pass orders on Ext.P4 representation dated 28.01.2025, pointing out the ineligibility/disqualification of respondents 7 to 9 for being appointed as non-hereditary trustees of the said temple in the process of selection pursuant to Ext.P2 notification dated 09.10.2024. The document marked as Ext.P3 is a copy of the relevant pages of audit report of the temple for the period between 1996-2017.

2. On 13.02.2025, when this writ petition came up for admission, after arguing for some time, the learned counsel for the petitioner sought adjournment.

3. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1^st respondent State and the learned Standing Counsel for Malabar Devaswom Board for respondents 3 to 5. Considering the nature of relief proposed to be granted, service of notice on respondents 6 to 9 is dispensed with.

4. During the course of arguments, the learned Counsel for the petitioner would place reliance on the decision of this Court in Muarleedharan M. v. Malabar Devaswom Board, [2024 (6) KHC SN 20]

5. In Suresh K. v. State of Kerala and others, [2021 (2) KLT 885], a Division Bench of this Court observed that temple or its precincts cannot be made a place where political parties should look forward to give political asylum to their workers. The Division Bench noticed that ours being a highly politically sensitive State, hardly any person can be traced, who is completely apolitical or who may not have his own independent political views. There may be persons having permanent political ideologies or views whereas there may be equal number of persons who hold views according to the issues involved. Perhaps that may be the reason why Kerala has become a State of political swinging. The Division Bench made it clear that holding political views or sympathizing with a political denomination cannot be held a disqualification for nominating anyone to such a post. On the facts of the case on hand, the Division Bench held that even assuming that respondents 7 to 9 have some political leaning or rather they are sympathizers of a political party, that fact will not disentitle them to be considered for appointment as non-hereditary trustees. There is clear distinction between sympathizing with a political party and indulging in active participation in the activities of the party. The taboo under sub- clause (g) of clause 3 of the notification issued by the Commissioner will be attracted only if respondents 7 to 9 are active politicians or are office bearers of a political party, for which absolutely no evidence is forthcoming.

6. In Chathu Achan K. v. State of Kerala, [2022 (6) KLT 388] a Division Bench of this Court in which one among us [Anil K. Narendran, J] was a party noticed that the provisions of Clauses 3 and 4 of the notification issued by the Commissioner make it explicitly clear that, for appointment as non-hereditary trustee of the temple, the applicant should be a regular worshipper of the temple, who is prepared to actively work for the betterment of the temple. He should be a permanent resident of the Taluk in which the temple situates, who believe in idolatry. Persons who are busy with their employment, office bearers of political parties, active politicians or those indulging in active participation in the activities of a political party cannot aspire appointment as non-hereditary trustee of the temple. Therefore, it is for the Commissioner to take necessary steps to ensure that any appointment made as non-hereditary trustee of the temples under the control of Malabar Devaswom Board is strictly in terms of the disqualificati