The judgment establishes that the Travancore Devaswom Board must adhere to statutory requirements for conducting periodic elections for Temple Advisory Committees under the Act.

JUDGMENT

Ravikumar, J.

Chirakadavu Sree Mahadeva Seva Sangham along with another filed this writ petition mainly seeking a direction to the Travancore Devaswom Board (TDB) to conduct election to the office bearers of the Seva Sangham without any delay by issuance of a writ of mandamus. The said Seva Sangham is a registered organisation which claims to have come into existence in the year 1952. The TDB took over the said temple in the year 1962. Ext.P1 dated 13.10.2003 would reveal that the Seva Sangham was approved as the Temple Advisory Committee of Chirakadavu Sree Mahadeva Temple by the TDB. Section 31A was inserted in the Travancore Cochin Hindu Religious Institutions Act (for short, 'the Act') by Act 5 of 2007 w.e.f 2.4.2007. It mandates for constitution of a Temple Advisory Committee in each temple under the TDB to ensure participation of Hindu devotees. Section 31A (3) of the Act provides that the composition of an Advisory Committee under sub-section (1) shall be in such manner as may be prescribed by rules made by the Board, not inconsistent with any practice prevailing, if any. Be that as it may, the fact is that the Seva Sangham, which was approved as the Temple Advisory Committee under Ext.P1, continues to be functioning in the temple in question. According to the petitioner, lastly, election was conducted to the Seva Sangham in the year 2015. Election could not be conducted on the expiry of the term of the lastly elected committee owing to the then prevailing circumstances. The fact is that no election has so far been conducted to the Seva Sangham which is recognised as TAC of the temple, after the expiry of the term of the lastly elected committee. It is in the said circumstances that the petitioners filed this writ petition seeking the aforementioned prayer.

2. Heard the learned counsel for the petitioners, the learned standing counsel appearing for TDB as also the learned Government Pleader.

3. The indisputable position obtained from the rival pleadings is that the first petitioner Seva Sangham is approved as the Temple Advisory Committee of the temple in question. Further, the undisputed position is that election was conducted to the Seva Sangham lastly in the year 2015. Evidently, the Seva Sangham came into existence in 1962. In the light of Ext.P1 and more particularly, in the light of Section 31A of the Act, it cannot claim any status other than that of a Temple Advisory Committee. The provisions under Section 31A would reveal that it is the duty of the TDB to constitute a Temple Advisory Committee and to conduct periodical election to the Committee. The Committee constituted under Section 31A is also bound to maintain the accounts and make it available for auditing. We have also taken note of the fact that the term of the lastly elected committee had expired long ago and fresh election was not conducted so far only due to the circumstances prevailed in the year 2018. Though in the counter affidavit as also in the reply affidavit, many issues which do not actually form part of the issues raised in the main pleadings in the writ petition arise, we do not think it necessary to go into such questions as the only prayer in the writ petition is for conducting election to the Seva Sangham, i.e., election to the Temple Advisory Committee. In such circumstances, there will be a direction to respondents 1 to 3 to take appropriate steps for conducting election to the Seva Sangham which is the approved TAC for Chirakadavu Sree Mahadeva Temple in accordance with the guidelines framed by the TDB viz., ROC No.1809/09/NS dated 30.11.2011 issued based on the directions of this Court in the order dated 10.11.2010 in DBA No.153/2009. This shall be done expeditiously, at any rate, within a period of two months from the date of receipt of copy of the judgment.

Writ petition is disposed of.

Sd/-

C.T.RAVIKUMAR JUDGE Sd/-

K.HARIPAL JUDGE APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 COPY OF THE ORDER OF THE DEVASWOM BOARD DATED 13.