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2023 Supreme(Online)(KER) 4669
HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
SASI K.K. – Appellant
Versus
THE COCHIN DEVASWOM BOARD – Respondent
WP(C) 29526/2022
DINESH R.SHENOY, EBIN MATHEW, JOMOL PIUS, SILESH S. PRABHU, K.P.SUDHEER, A.N.RAJAN, BABU P.CHANDRASEKHAR, ANAND SANKAR, P.GOPALAKRISHNAN (MVA), A.R.EASWAR, LAL
The court emphasized strict adherence to term limits for Temple Advisory Committees, allowing extensions only under defined circumstances and mandated prompt elections.
Headnote:
Temple Management - Writ Petition - Travancore-Cochin Hindu Religious Institutions Act - Section 31A, Section 76A - Court determined the necessity of reconstituting the Temple Advisory Committee, highlighting the limits of term extensions and ensuring compliance with statutory provisions.
Fact of the Case:
The petitioner filed a writ seeking the removal of the existing Temple Advisory Committee members and to conduct an audit of the accounts, alleging prolonged unauthorised continuation beyond their terms and misappropriation of funds.
Issues: The central issues include the legality of the Temple Advisory Committee's continued existence beyond its statutory term and the need for account audits for previous years.
Ratio Decidendi: The court ruled that the necessity for timely reconstituting the Temple Advisory Committee and conducting audits was paramount in the context of the Act's provisions, recognizing the committee's term limits.
Final Decision: The court ordered the convening of elections for a new Temple Advisory Committee within two months.
J U D G M E N T
Anil K.Narendran, J.
The petitioner, who is a devotee of Lord Karthyayani of Cheranalloor Sree Karthyayani Bhagavathi Temple, which is a temple under the management of Cochin Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the Cochin Devaswom Board to remove respondents 3 to 5, who are the President, Secretary and Treasurer of the Temple Advisory Committee of Cheranalloor Sree Karthyayani Bhagavathi Temple, and other members in that Temple Advisory Committee, and immediately convene a General Body meeting to hold election to elect a proper panel of 19 devotees to constitute a new Temple Advisory Committee in the said temple. The petitioner has also sought for a writ of mandamus commanding the 1st respondent Cochin Devaswom Board to conduct compulsory audit of the entire accounts, books and records of the successive Temple Advisory Committees in the Cheranalloor Sree Karthyayani Bhagavathi Temple for the period from 2010 onwards, till date, including the accounts with reference to Dwajaprathishta, Kalasam, renovation and civil works done in the temple Sreekovil and ancillary buildings, sale of Nilavilakku, lamps and vessels from the temple and the alleged replacements and the amounts illegally withdrawn by respondents 3 to 5 and other members of the Temple Advisory Committee and the furniture, mike sets etc. taken away by them from the temple office illegally even after their resignation from 5.2.2020 and to identify misappropriation and diversion of funds, if any, and the persons responsible for the same and to permanently debar such individuals from ever functioning as members and/or office bearers of the Temple Advisory Committee at any time hereafter.
2. On 16.09.2022, when this writ petition came up for admission, the learned Standing Counsel for Cochin Devaswom Board took notice on admission for respondents 1 and 2. Urgent notice on admission by special messenger was ordered to respondents 3 to 5, returnable by 19.09.2022. The learned Standing Counsel for Cochin Devaswom Board was directed to make available for the perusal of this Court, the relevant files relating to election of the Temple Advisory Committee of Cheranalloor Sree Karthyayani Bhagavathi Temple.
3. On 07.10.2022, when this writ petition came up for consideration, after perusing the relevant files relating to the nomination of the Temple Advisory Committee, this Court passed an interim order, which reads thus:
“Pursuant to the order of this Court dated 16.09.2022, the learned Standing Counsel for Cochin Devaswom Board has made available for the perusal of this Court the relevant files relating to the nomination of the Temple Advisory Committee of Cheranalloor Sree Karthyayani Bhagavathi Temple.
2. The specific allegations raised in the writ petition is that respondents 3 to 5 and other members of the Temple Advisory Committee are continuing as such for the last 12 years. The term of the Temple Advisory Committee as per the relevant rules is two years, which can be extended in a special circumstances for a further period of one year.
3. The learned Standing Counsel and also the learned counsel for respondents 3 to 5 seeks time to file counter affidavit in order to explain the facts and circumstances. 4. List this matter for further consideration on
11.10.2022.
There will be an interim order restraining the Temple Advisory Committee of Cheranalloor Sree Karthyayani Bhagavathi Temple from taking decisions on any development works in the Temple, for a period of one month.”
The said interim order, which was extended from time to time, is still in force.
4. Respondents 3 to 5 have filed a counter affidavit, producing therewith Exts.R3(a) to R3(i) documents. The learned Standing Counsel for the Cochin Devaswom Board has filed the counter affidavit of the 1st respondent, producing therewith Exts.R1(A) to R1(T) documents. The document marked as Ext.R1(A) is a copy of the order
