The court established the importance of timely elections and procedural compliance in managing temple committees governed by the Cochin Devaswom Board.

JUDGMENT

Ravikumar, J.

In view of the manner by which we propose to dispose of the captioned writ petition and the reports filed by the Advocate Commissioner in the above mentioned disposed of review petition, we do not think it necessary to deal with the facts in detail. Writ Petition (C) No.37991 of 2018 was disposed of as early as on 27.11.2018 and the captioned review petition filed therein was dismissed as per order dated 5.7.2019. Taking note of the fact that Chowallur Sivakshetra Bharanasamithi is a controlled institution under the Cochin Devaswom Board and the conduct of election to the said Samithi is being unduly protracted due to some or other reasons, this Court issued directions to conduct the election. Taking note of the fact that earlier attempts to conduct election went in vain, this Court issued such directions. Taking note of the fact that the Devaswom Board has directed the Assistant Commissioner Audit to conduct the election, the writ petition was disposed of. The fact is that even thereafter, election could not be conducted. Subsequently, the review petition was filed in WP(C) No. 37991 of 2018. As per order dated 05.07.2019, taking note of all the aforesaid circumstances this Court appointed Adv.Sri.P.Ramachandran as the Advocate Commissioner to ensure conduct of election to the Bharanasamithi of Chowallur Sivakshetram in terms of the earlier directions. A time limit was also fixed for conducting the election. Subject to such orders, the review petition was dismissed. Thereafter, the Advocate Commissioner filed Report Nos.1 to 3, which led to the posting of the review petition in WP(C) No.37991 of 2018 for further orders. The reports would reveal that in the light of the orders passed by this Court on the question of eligibility of persons to obtain membership in the Samithi the Advocate Commissioner has taken decisions on the applications. That apart, in respect of persons who are already members, but in arrears due to the Samithi also he has taken decisions. The learned Advocate Commissioner would submit that though he had taken decisions on such matters, the exact amounts to be collected towards arrears from the already existing members and from the applicants who are found to be eligible to be enrolled as members could not be ascertained and collected, due to the non co- operation of respondents 3 and 4. We may hasten to add that, today the learned counsel appearing for respondents 3 and 4 would submit that he would also co-operate for conduct of Samithi election. Besides that, he would submit that on 24.02.2020, the Bharana Samithi received certain applications for membership and amounts were collected from them for admitting them as members. The amounts collected were already deposited in the account of the Devaswom, it is further submitted. However, in regard to the eligibility of such persons, the Advocate Commissioner is yet to take any decision. It is to be noted that the term of the lastly elected committee to the Bharana Samithi of Chowallur Sivakshetram had expired in the year 2017. The election could not be conducted despite the passage of orders of this Court. The learned counsel appearing for the petitioner in W.P.(C) No.37932 of 2018 though made a submission that the writ petition may be kept pending and may be taken up for disposal after the election is over as the subject matter of the writ petition is regarding the allegations of unauthorised constructions and malpractices by the respondents. Since we are proposing to pass an order to conduct election to the Bharanasamithi, we are of the view that it is only proper to dispose of this writ petition also appropriately, leaving liberty to the petitioner to take up such matters before the Bharanasamithi after the election. The newely elected Samithi or the petitioner himself could take up the matter before the competent authority with respect to the issues involved, as according to us any such issues have to be considered at the first insta