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Synopsis

Former Member of Rajya Sabha Subramanium Swamy has filed a Public Interest Litigation before the Bombay High Court for freeing the temples of Lord Vithal and Lord Rukmini at Pandharpur from the government-controlled administration.

The PIL has been filed by the former Rajya Sabha MP and one Jagdish Shetty through Advocate Monahar Shetty, Advocate Satya Sabharwal, Advocate Vishesh Kanodia, and Advocate Shantanu Shetty. 

The former MP in his plea has stated that he had written to the Chief Minister of Maharashtra on 7th July 2022 stating that the affairs of the temples were heavily mismanaged in terms of religious offerings and customs of the temples which has an adverse effect on Hindu religious sentiments and their fundamental rights.

Through another letter dated 18th December 2022, Swamy called upon the Governor of Maharashtra to repeal the Pandharpur Temples Act 1973.

The plea states that by taking control over the Pandharpur Temples the government is ousting the rights of Hindus to profess, practice, and propagate their religion, and to manage Hindu Religious Endowments and their own affairs in matters of religion. It is also stated that even though the Act was passed in 1973, the administration was vested with the previous priest and only after 2014, the government had taken over the administration of the temple.

It further states that the Pandharpur Temples Act 1973 negates freedom or autonomy in the religious communities to administer or manage the temple because the role of the priest is completely a religious matter and such interference is violative of Articles 25 and 26 of the Constitution of India, read with freedom of faith and belief to worship under the Preamble.

The petition has challenged various provisions of the Act which include the appointment of a committee by the State government and bar on suit or proceedings against the government and committee.   

The PIL has challenged the constitutional validity of the Pandharpur Temples Act 1973 on the ground that it affects the rights of the Hindu Population at Large.

“Therefore, it is submitted that the Pandharpur Temples Act 1973, is violative of the Fundamental Rights of the Petitioners and the Hindu population at large, since it seeks to permanently takeover the administration and control of Religious and Non-religious activities of the Temples and vest the same in the officers of the government indefinitely, thus violating the rights guaranteed under Articles, 14, 25, 26, 31A, and 32 of the Constitution. Hence, the Act is liable to be struck down," the plea states.

The PIL has sought an interim relief of constituting a committee in consultation with the priests, representatives of devotees/Warkaris, and other stakeholders, for the appropriate management of the Vitthal- Rukmini Temples, as per proper rituals and religious observances, free of Government control.

Case Title: Dr. Subramanium Swamy & Anr vs State of Maharashtra

Statue: Pandharpur Temples Act 1973 and Constitution of India