SUDHANSHU DHULIA
Diwakar Chamoli – Appellant
Versus
State of Uttarakhand – Respondent
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 Zil
Union of India and another v. Tulsiram Patel reported in (1985) 3 SCC 398
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