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1997 Supreme(Raj) 986
RAJASTHAN HIGH COURT AT JAIPUR BENCH
P.P.Naolekar, J.
Deewan Singh & Ors. - Appellants
Versus
State of Rajasthan & Ors. - Respondents
S. B. Civil Writ Petition No. 21, 2247 of 1983, 1983.
Decided On : 3-02-1997
The Rajasthan Public Trust Act, 1959, particularly sections 17/18, 52 & 53, was interpreted and applied to determine the management and administration of the temple of Shri Rikhabdevji, including the constitution of a committee of management, registration of the trust, and the State Government's obligation to publish a list of public trusts under Chapter X of the Act.
Headnote:
PUBLIC TRUST - Rajasthan Public Trust Act, 1959 - Sections 17/18, 52 & 53 - Interpretation and Application - Temple of Shri Rikhabdevji - Jain Temple - Management Vested in State of Rajasthan - Committee of Management to be Constituted - Criteria for Appointment of Chairman and Members - Registration of Trust - Chapter X of the Act - List of Public Trusts to be Published in Official Gazette - Legislative Mandate to be Complied with within Reasonable Time.
Fact of the Case:
Dispute over the management of the ancient Jain temple of Shri Rikhabdevji in Dhulev, Rajasthan, between Swetamber and Digamber sects of Jains. The temple was managed by the Devasthan Department of the State of Rajasthan, which was challenged by the petitioners, claiming the temple belonged to the Swetamber sect and sought enforcement of the Rajasthan Public Trust Act, 1959, and registration of the trust under the Act.
Finding of the Court:
The High Court held the temple to be a Swetamber Jain temple and directed the State Government to constitute a committee for its management as per the Act. The Supreme Court upheld the High Court's decision, clarifying that the management of the temple vested in the State of Rajasthan and that a committee should be constituted under section 53(5) of the Act from eligible persons, including trustees and persons interested in the trust.
Issues: 1. Whether the temple of Shri Rikhabdevji is a Swetamber or Digamber Jain temple? 2. Whether the management of the temple is vested in the State of Rajasthan? 3. Whether a committee of management should be constituted under section 53(5) of the Rajasthan Public Trust Act, 1959? 4. Whether the temple can be registered as a public trust under section 17 of the Act? 5. Whether the State Government is required to publish a list of public trusts to which Chapter X of the Act applies?
Ratio Decidendi: 1. The Supreme Court held that the temple of Shri Rikhabdevji is a Jain temple, based on historical documents and the absence of evidence to the contrary. 2. The Supreme Court held that the management of the temple vested in the State of Rajasthan, as the Jains lost their right to manage the temple prior to the Constitution due to a valid law. 3. The Supreme Court interpreted section 53(5) of the Act, clarifying that the committee of management should be constituted from eligible persons, including trustees and persons interested in the trust, who subscribe to the tenants of the particular religion or denomination to which the trust belongs. 4. The Supreme Court held that the temple cannot be registered as a public trust under section 17 of the Act because the management is vested in the State Government, and section 77 of the Act excludes the application of the Act to trusts administered by State agencies. 5. The Supreme Court held that the State Government is required to publish a list of public trusts to which Chapter X of the Act applies, as per the legislative mandate in section 52(2) of the Act.
Final Decision: The petitions were allowed. The State Government was directed to constitute a committee of management for the temple under section 53(5) of the Act, considering eligible persons from both Swetamber and Digamber sects. The State Government was also directed to publish the list of public trusts to which Chapter X of the Act applies within six months.
