The constitution and dissolution of a Development Committee under Rule 40-B must be justified and adhered to as per legal stipulations; arbitrary cancellations are impermissible.

ORAL ORDER

Petitioners who claim to have been the members of a Development Committee which was constituted by respondent No.1/Commissioner, vide Order No.HRICE- ADMOADM8/202/2022/E-900419, dated 04.01.2023 for the purported purpose of development of Sri Anantha Padmanabha Temple, Perdoor, Udupi District are before this Court being aggrieved by the subsequent order passed by the respondent No.1/Commissioner dated 21.11.2023 produced at Annexure-D by which the appointing order dated 04.01.2023 of the said committee has been cancelled.

2. Sri. Arun Shyam, learned Senior Counsel appearing for the petitioners taking this Court through the records and also provisions of Rule 40-B of the Karnataka Hindu Religious Institution and Charitable Endowment Rules, 2002 (hereinafter referred to as 'Rules 2002) submits that once a development committee is constituted, it cannot be cancelled or withdrawn till completion of the work assigned. He submits that in instant case the Committee was constituted by Order dated 04.01.2023 at Annexure-A for a period of 3 years. Within just 10 months of its constitution by impugned order the respondent No.1/Commissioner has cancelled the very constitution of the committee. He submits that neither any reason is assigned nor any opportunity is given to the petitioners before passing the impugned order. Therefore, he submits that order is one without authority, besides being arbitrary, required to be quashed.

3. Sri.V.G.Bhanu Prakash, learned Additional Advocate General appearing for the respondent/State justifying the order impugned, submits that the appointment is governed under doctrine of pleasure. Therefore, the petitioners cannot claim to continue for a period of 3 years as a matter of right. He submits that a Managing Committee is in place therefore there was no requirement of having a development committee that too which has done nothing pursuant to the order of its constitution.

4. Sri. Bipin Hegde, learned counsel appearing for the Managing Committee on the other hand submits that the period of 3 years has expired effective from 04.01.2026. As such, Annexure-A has worked its life out by afflux of time and the petitioners have no locus to maintain the petition. Hence seeks for dismissal of the petition.

5. Heard. Perused the records.

6. Appointment of a Development Committee is traceable to Rule 40-B of the Rules 2002, which reads as under;

"40-B. Constitution of Development Committee -(1) In case of institution requiring renovation/repair/reconstruction is in need of donation from the public and Government grant, a Development Committee may be constituted for the purpose of renovation of the institution building.

(2) The Development Committee shall consist of a President, Secretary and Treasurer and such number of members among the donors/ devotees who are interested in the development of particular institution. The Chairman and three members of the Committee of Management shall be Ex-Officio members of the Renovation Committee and such other members who may be co-opted among the devotees. The Chairman, Committee of Management or the Executive Officer of the institution shall be the Treasurer of the Development Committee. If no Executive Officer is available in the institution and in the absence of the Chairman, Committee of Management, any officer of the department or any other department may be appointed as Treasurer.

(3) The Development Committee may be constituted by the prescribed authority for a specific period, not exceeding three years. If the work is not completed within the specified period, the prescribed authority may dissolve the Committee and constitute a fresh committee as the circumstances may warrant. However, he may extend the period of the Committee for sufficient reason to be recorded in the order.

(4) The Secretary and Treasurer may attend to all the correspondence, maintenance of accounts relating to collection and expenditure incurred by the Development Committee.

(5) The meeting of the