Temple funds must be used solely for dharmic purposes promoting Hinduism's core principles like equality and service; detailed permitted/prohibited expenditures, audits, public disclosure mandated to prevent misuse by trustees or State.

JUDGMENT :
Vivek Singh Thakur, Judge

Petitioner, invoking provisions of Article 226 of the Constitution of India, has filed the present Writ Petition, praying mainly for the following relief:

“(i) Issue a writ of mandamus directing the respondent- authorities to ensure strict compliance of the Act specifically provisions pertaining to preparation of budget (Section 22), maintenance of accounts (Section 23) and incurring of expenditure (Section 17)”

2. The Legislature of Himachal Pradesh has enacted the Hindu Public Religious Institutions and Charitable Endowments Act, 1984 (hereinafter referred to as the “Act”) for regulating the affairs of the Hindu Public Religious Institutions and Charitable Endowments. The objects and reasons of the Act are as under:

(i) An Act to provide for better administration of Hindu Public Religious Institutions and Charitable Endowments and for the protection and preservation of properties appertaining to such institutions and endowments.

(ii) The Himachal Pradesh Hindu Public Religious Institutions and Charitable Endowments Act, 1984 has been enacted to provide for better administration including the proper performance of puja and other rituals securing health, safety and convenience of worshippers, disciples and pilgrims, restricting the alienation and leasing of immovable property of the institution for purposes of necessary or beneficial to the said institution and fulfilling the purposes for which the trust has been created.

3. The Act deals with Hindu Public Charitable Endowments and Religious Institutions; however, institutions and endowments included in Schedule I of the Act are mainly Temples and Maths.

4. The term Hindu Public Religious Institution and temple have been defined as under:

(a) "Hindu Public Religious Institution" means a math, temple and endowment attached thereto or a specific endowment, established with a religious object for a public purpose and includes-

(i) all property movable or immovable belonging to or given or endowed for worship in, maintenance or improvement of, additions to, a math or temple, for the performance of any service or charity connected therewith;

(ii) the idols installed in the math or temple, clothes, ornaments and things for decoration etc.; and

(iii) religious institution under the direct control of the State Government;

but does not include,-

(i) such private religious maths or temples in which the public are not interested; and

(ii) the gifts of the property made as personal gifts to the mahant, service-holder or other employee of a religious institution;

(g) "math" means a math as understood under Hindu law;

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(l) "temple" means a place, by whatever designation known, used as a place of public religious worship, and dedicated to, or for the benefit of, or used as of right by, the Hindu community or any section thereof as a place of public religious worship;

5. The Act defines “Hindu” in Section 1 as under:

(i) Explanation to sub-section (3) of Section 1 of the Act provides that the word “Hindu” shall mean the persons contemplated under clause (a) and clause (b) of sub- section (1) of Section 2 of the Hindu Marriage Act, 1955 and the expression “Hindu” Public Religious Institution and Charitable Endowment” shall be construed accordingly.

6. Since the Act refers to the Hindu Marriage Act to determine the meaning of Hindu; hence, it is