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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, RAKESH KAINTHLA
Kashmir Chand Shadyal – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. mandamus for act compliance on budgets, accounts, expenditure. (Para 2 , 3 , 4 , 5 , 6) |
| 2. hinduism as tolerant, inclusive way of life. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. temples' pivotal historical societal roles. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 4. caste discrimination antithetical to true dharma. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 5. temples for modern social, cultural progress. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 6. state's art.25 power for reforms. (Para 35 , 36 , 37 , 38) |
| 7. section 17 expenditures for genuine propagation. (Para 39 , 40 , 41 , 42) |
| 8. strict dharmic use of temple funds. (Para 43) |
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 Endo
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....
Caste cannot claim ownership of a temple as it is deemed public unless declared private; only distinct religious groups qualify as denominations under constitutional protections.
Caste-based restrictions in the appointment of priests violate constitutional rights to equality and must align with qualifications, not caste.
State authorities cannot unilaterally usurp the managerial role of an established religious institution's trustees to implement infrastructure projects. Temple funds, particularly surpluses, must fol....
A temple is classified as private if it lacks features of public worship and management rests with a specific community, as established through historical evidence and refusal of public rights.
The procedure for deployment of funds under Section 97 and Rules 3-6 applies only to specific purposes, and not to all purposes specified in Section 66.
The court affirmed that access to public temples cannot be restricted based on caste or community, emphasizing the fundamental right to worship under Article 25 of the Constitution.
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