The main legal point established in the judgment is the requirement for the State Government to be satisfied and record its satisfaction before dissolving a statutory Committee under Section 11 (2-A) of the Act. The judgment also emphasizes the importance of communicating the reasons for dissolution to the concerned persons, highlighting the principles of natural justice and fair play.

Sudhanshu Dhulia, J.

1. There are two petitioners before this Court, both are members of Badrinath Kedarnath Temple Committee (from hereinafter referred to as the “Committee”), which is a statutory committee created under the law for management of the holy Badrinath and Kedarnath shrines. The Committee is constituted under the Uttar Pradesh Shri Badrinath and Shri Kedarnath Temples Act, 1939 (from hereinafter referred to as the “Act”).

2. The Committee along with its President, Vice-President and office bearers of the Committee are constituted under Section 5 of the Act. Section 5 of the Act reads as under:

“5. The Committee –

(1) The administration and the governance of the Temple and the Temple fund shall vest in a committee which shall be comprised as follows:

(a) Omitted

(b) Two persons to be elected by the Hindu members of the Uttar Pradesh Legislative Assembly and one person to be elected by the Hindu members of the Uttar Pradesh Legislative Council;

(c) One person residing in the district of Garhwal to be elected by the Hindu members of the Zila Parishad of that district;

(d) One person residing in the district of Tehri Garhwal to be elected by the Hindu members of the Zila Parishad of that district’

(e) one person residing in the district of Chamoli to be elected by the Hindu members of the Zila Parishad of Chamoli and for so long as there is no Zila Parishad in Chamoli to be nominated by the Collector of that district;

(f) one person residing in the district of Uttar Kashi to be elected by the Hindu members of the Zila Parishad to Uttar Kashi and for so long as there is no Zila Parishad in Uttar Kashi to be nominated by the Collector of that district; and

(g) The President of the Committee and seven members to be nominated by the State Government.

(2) The State Government may appoint any member of the Committee as Vice-President thereof. The Vice President shall exercise such powers as may, with the previous approval of the State Government, be delegated to him by the President;

(3) The Constitution of the Committee shall be notified by the State Government in the official Gazette:

Provided that the State Government may notify the Constitution of the Committee at any time after the President and not less than eight members of the Committee have been elected or nominated, as the case may be, and the Committee so constituted shall be deemed to be a constituted Committee.

(4) No person who is subject to any disqualification referred to in sub-section (1) of section 10 shall be eligible for membership or for the office of the President or Vice-President of the Committee.”

3. The term of the office of the President and other members as well as the Committee of Management is for a period of three years as per Section 8 of the Act. Section 8 of the Act reads as under:

“8. Terms of office of President and members – The President, the Vice President or any other member of the Committee shall, subject to the provisions of section 10 and 11, hold office for a term ending with the expiration of three years from the date of notification under sub-section (3) of section 5:

Provided that the State Government may by notification in the Gazette, extend the term of the President, Vice-President and other members of the Committee, whether it has already expired or not, for a period not exceeding three months at a time and six months in the aggregate.”

4. Under Section 11 of the Act, the Committee can be dissolved or superseded by the State Government. Section 11 of the Act reads as under:

“11. Dissolution and super session of Committee –

(1) If in the opinion of the State Government the Committee is not competent to perform, or persistently makes default in performing the duties imposed on it under this Act, or exceeds or abuses its powers, the State Government may, after due enquiry, by notification dissolve or supersede the Committee and direct the constitution of another Committee, in accordance with the provisions of this Act.

(2) Before issuin