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1966 Supreme(Raj) 79
Rajasthan High Court
Bhandari & Bhargava, JJ.
Sajjanlal - Appellant
Versus
State of Rajasthan - Respondents
D.B. Civil Writ Petition No.501 of 1962
Decided On : March 30, 1966
M.P. Amin, G.M. Lodha, Girraj Desai, Pukhraj, Hastimal and J.S. Rastogi, for Petitioners G.C. Kasliwal and M.M. Vyas, for State
Headnote:Public Trusts Act, Rajasthan, Secs. 52(1)(a)(b) and (c) and sec. 53—Temple of Keshariya Nathji in Udaipur a State managed temple—But even in such a case Government should follow the provisions of sec. 53.
The ruler of the erstwhile Udaipur State by virute of its sovereign power always exercised the power of general superintendence over the temple. This power of superintendence by the ruler was not peculiar with this temple alone but was in vogue even before the advent of the British rule in India Hindu rulers had generally exercised powers of a visitatorial character over religious and charitable institutions and foundations. It clearly emerges from the annexures that the ruler of Mewar finding, that there was mismanagement in the temple, ordered an enquiry into the matter and the enquiry officer checked accounts and the Bhandar and submitted his report to the Maharana as a result of which Bhanda-ries were removed and the management was transferred from the Nagar Seth to committee and the President of the Sel Kantar Sabha (a department of the erstwhile State of Mewar) was appointed its manager The Sel Kantra Sabha took the keys of Bhandar from the Nagar Seth in Smt year 1934 after management of the temple was transferred to a committee vide annexures 6 and 7-A It also appears that from time to time vacancies in the committee were filled up by the orders of the State. Whenever any\dispute arose about the affairs of the temple if was referred to the Government and its decision was obtained (See Annexure 33). In, 1948 when mismanagement of the temple was again reported the Government appointed a tribunal to make an enquiry and report about the state of mismanagement and ordered that the affairs of the temple should be managed according to report of Shri Tej Singh Kothari until a final decision is taken by the Government on the report of the tribunal. Annexures (41 and 42) also show that on different occasions the Bhandars containing cash and jewellery were opened by the officers of the State for checking though the keys of Bhandar at Udaipur were given back to the same persons who had them before. In these circumstances we are unable to hold that the management of the temple is still carried on by the committee of the Jain Swetambar Sangh and not by the State of Rajasthan.
Since the case falls within sec. 52(1) or (c) of the Act which have been held valid therefore, no question of depriving the denomination of the management of the temple arises in this case. But the Act contains a provision for the transfer of the management even for those public trusts which fall under sub-sees. 1 (a), (b) and (c) of sec. 52 and the Government should therefore, act accordingly and take early steps to transfer the management to a committee as envisaged by sec. 53 of the Act and in doing so the Government while constituting the committee shall have due regard to the wishes of the demoina-tion as was done in the past by the Maharana of Udaipur in Smt. year 1934. (Paras 12 & 17)
2. The petitioners on behalf of Swetamber Jain Sangh and the members of Murtipujak Swetamber Jain Sangh of Udaipur claim that this temple is a Jain temple and has always been recognised as such in official documents and Farmans issued by the erstwhile State of Mewar and assert that it was under the ownership and management of Jain Shashan. It is said that it is a Bavan Jainalaya with a main idol in the centre and 51 Devries around it. The main idol is that of Shri Rikhabdeoji, the first Tirathankar of Jains and the idols in the said Devries are those of other Tirathankars and footprints of some deities, that Sewa Puja in the temple is performed according to Swetamber Murtipujak Jain tenets, that this temple is a famous of place worship for Swetamber Murtipujak Jains from all parts of India. They come in large numbers. They donate large funds for the religious worship in the temple and for other religious and charitable activities. There are people of other faiths also who worship therein on account of Prabhartik idol but this they do so out of religious tolerance and grace on the part of Swetamber Murtipujak Jains. Even these people in matter of worship follow the same mode and rituals which are required for the worship of Jain idol in a Jain temple. The very name of the temple deity Shri Keshariyanathji denotes its Swetamber character as no Keshar is offered to any other religious deities, that this temple has religious and charitable activities in which pilgrims donate large funds. These are provided in Khatas out of which pilgrims select items of their choice and donate therein. These Khatas are 13 in number and as follows and are according to Jain Swetamber religious tenets.
1. The Bhandar Khata, 2. Sadavrat Khata, 3. Snatra Khata, 4. Angi Khata, 5. Bhala Khata, 6. Jirnodhar Khata, 7. Dada Sahib Khata, 8. Dharamshala Khata, 9. Jivadaya Khata, 10. Manibhaderji Khata, 11. Sat Kshetra Khata 12. Sadharan Khata, 13. Pagla Khata.
Besides the above items there are certain lump sum amounts donated by persons in the past to the temple to invest the same and to use its interest, and other returns for specific religious purposes, that in the temple staff there are persons known by the name of Bhandaries and Pujaries (Sewaks). They are brahmins and non-jains and are the old employees of the temple. They are not paid salaries out of temple funds, but are allowed share from certain incomes of the temple. The Bhandaries are paid a share out of the gifts made to the temple and Pujaries (Sewaks) are given out of the income from bids (Bolis) in respect of Pakshal (bathing ceremony) and Puja (worship) of the idol if Shri Keshriyanath. According to the tenets of Jain religion the management of Jain temple itself earns religious merits and is enjoined in the religious books and is thus a part of their religion. Their grievance is that the management of the said temple has been illegally usurped by the Government of Rajasthan through the Devasthan Department for some years and that the State Government was attempting to dispose of the gold and silver ornaments of the said temple. Further the State of Rajasthan has promulgated the Rajasthan Public Trusts Act, 1959 (Act No. 42 of 1959) (hereinafter called the Act) and has also made rules under it. Chapters 1 to 4 and rules connected therewith of the said Act have come into force from 22nd October, 1959 while Chapters 5 to 10, 12 and 13 and rules connected therewith have also come into force from 1st July, 1962 and that certain provisions of the Act which apply to the said temple conflict with the fundamental rights of the petitioners guaranteed under Art.25 and 26 of the Constitution of India. The petitioners have therefore, filed this writ application u/Art. 226 of the Constitution of India for a writ of mandamus or any other order or direction of that nature against the
