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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, K.V.JAYAKUMAR
Anilkumar.N – Appellant
Versus
Malabar Devaswom Board – Respondent
| Table of Content |
|---|
| 1. petitioner's request for preventing disqualified candidates from trustee appointment. (Para 2) |
| 2. discussion on disqualification criteria as per the madras hr & ce act. (Para 7 , 8 , 9 , 10) |
| 3. previous rulings guide current decision-making for trustee appointments. (Para 11 , 12) |
| 4. final directive for the board to consider objections and appoint qualified trustees. (Para 13) |
JUDGMENT :
K. V. Jayakumar, J.
This Writ Petition is filed under Article 226 of the Constitution of India, claiming the following relief:
“ⅰ) To issue a writ of Mandamus or any other writ order or direction directing the Respondents 1 to 5 not to appoint Respondents 7 to 11 as Non Hereditary Trustees of Sree Koothali Kammoth Mahavishnu Temple Perambra Kozhikode since they are disqualified as per Exhibit P1;
(ii) To declare that the 9th Respondent who is an elected member of the Grama Panchayat and the 10th Respondent who is a Government servant are fully disqualified as per Clause 3(f) and (g) of Exhibit P1;
(iii) To issue a writ of Mandamus or any other writ order or direction directing the Respondents 3 and 4 to issue fresh notification and to appoint qualified persons as Non Hereditary Trustees f
Disqualifications for temple trustees must be strictly adhered to per statutory provisions and previous court directives.
Active politicians and office bearers are disqualified from being appointed as non-hereditary trustees under the relevant statutes.
Court mandates adherence to eligibility criteria under the Madras HR & CE Act for appointing non-hereditary trustees, emphasizing the prohibition of active politicians.
Non-hereditary trustees disqualified if active politicians or busy professionals; appointing authority must verify complaints and provide hearings.
Political affiliations alone do not disqualify individuals from being appointed as temple trustees unless they are proven to be active politicians.
Religious/Institution/Temple - Appointment of non-hereditary trustees - Petitioner could not make out any valid reason, or ground, to interfere with the appointment of respondents 7 to 9 as non-hered....
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....
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