“This is a secular country”: Madras HC dismisses plea urging CM MK Stalin to pledge before Hindu God for heading Temple Advisory Committee

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Madras High Court today dismissed a petition with condemnation, that pleaded Tamil Nadu Chief Minister be refrained from being the Chairman of the Advisory Committee formed under The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, without taking pledge before a Hindu God.

The petitioner S. Sridharan was heavily reprimanded by the Chief Justice Mr. Sanjib Banerjee led Division Bench

This is a secular country and secularism is tolerance for the other religion. There has to be a time when the prejudice and vendetta have to be shed particularly when it comes to practicing the religion,” the Bench said. 

The Petitioner in his plea contended that the Chief Minister, Mr. M.K. Stalin belongs to other religion and therefore, he cannot be allowed to chair an advisory committee which is formed under section 7 of the said Act, for him not being a Hindu.

Refuting this prayer in strong words, Chief Justice Banerjee held,

“The sentiments expressed in the petition cannot be appreciated in this dear age. “

 Highlighting the secular nature of the country, the Bench stated,

Even the Constitution of India permits the oath of office to be taken either in the name of God or in the name of the Constitution. It does not appear that any religion preaches narrow-mindedness or requires followers of other religion or faith to be hurt or injured.”

The Court rejected the petition without any cost.

However, the petitioner will not be entitled to file another Public Interest Litigation for a period of five years from date without obtaining the previous permission from the relevant Bench,” the Bench ordered.  

Section 7 of the Tamil Nadu Hindu Religious And Charitable Endowments Act, 1959

The said Act has been enacted to amend and consolidate the law relating to the administration and governance of Hindu Religious and Charitable Institutions and Endowments in the State of Tamil Nadu.

Section 7 of the Act provides for an advisory committee to be constituted by the Government for the State, which is to be chaired by the Chief Minister of the Stated ex-officio.

(Title: S. Sridharan Vs. Mr. M. K. Stalin and 2 Others.)