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Court said that it would appear that there were opposing groups which had led to an impasse in the administration of the 8th Century temple
The Supreme Court has ordered the appointment of the District Judge, Karwar, or his nominee as vice chairperson of the Justice B. N. Srikrishna-led committee appointed by it and restricted the role of other members to advisory without any veto power for better administration and management of the 8th Century Gokarna Mahabaleshwara Temple.
A bench of Chief Justice of India D. Y. Chandrachud and Justices J. B. Pardiwala and Manoj Misra reconstituted the committee after taking into record a contention by former Supreme Court judge, Justice Srikrishna, who acted as chairperson, that in the absence of rules of procedure for the conduct of business, the work of the committee has been stymied.
As a result, the chairperson has not been able to take concrete decisions to facilitate the administration of the affairs of the temple. It would appear that there are opposing groups which have led to an impasse in the administration, the court noted.
On April 19, 2021, the committee chaired by Justice Srikrishna was constituted as an interim arrangement for overseeing the administration of the Gokarna Mahabaleshwara Temple.
The chairperson of the committee submitted two reports on August 22, 2023, and June 2, 2024. The committee as constituted by the Supreme Court was to consist of eight members. Besides the chairperson, there were three ex officio members (the Deputy Commissioner of the District, Assistant Commissioner of the Taluka, and Superintendent of Police of the District). Four “private persons” were nominated as members by the Karnataka government.
The problems faced in the functioning of the committee have been summarized in the second report of the chairperson, who suggested the involvement of district judiciary, which has been performing administrative functions in other temples in Karnataka where there were disputes.
"We are of the view that the situation on the ground as reflected in the report of the chairperson needs to be remedied at the earliest. Above all, the parties must be mindful of the fact that Gokarna Mahabaleshwara Temple is a temple of antiquity dating back to the eighth century, and all steps for the proper conduct of worship and religious observances should be taken in accordance with the traditions," the bench said.
Accepting the suggestion of Justice Srikrishna, the court modified its April 19, 2021 order.
The bench directed:
The District Judge, Karwar, should stand inducted as a member of the committee. The District Judge may, if the exigencies of his work so require, nominate in his place a judicial officer not below the rank of Additional District Judge to aid and assist the chairperson of the committee. The Additional District Judge to be inducted should be an officer who is not dealing with any civil matter pertaining to the Trust or the temple.
The District Judge or his nominee shall be the vice chairperson of the committee and it would be open to the chairperson to authorize him to take emergent decisions with the concurrence of the chairperson.
The chairperson and the vice chairperson shall together formulate rules of procedure governing the conduct of the affairs of the committee.
Where the vice chairperson is authorized to take appropriate decisions in the absence of the chairperson, he shall promptly report any decision taken to the chairperson.
The chairperson shall have a casting vote in the affairs of the committee. All the members of the committee, other than the chairperson or the vice chairperson, shall perform advisory roles and shall not have a veto over the decisions which are taken by the chairperson and the vice chairperson. In taking all appropriate decisions in the interest of the affairs of the Trust and the temple, the chairperson and the vice chairperson shall have due regard to age-old customs and traditions and will be at liberty to seek inputs from the upadivantas and any other eminent persons whom they may wish to consult.
The Government of Karnataka shall, notwithstanding any order of any other court, be at liberty to substitute four private members nominated in pursuance of the order of April 19, 2021, by nominating new persons in their place. The State government shall however do so in consultation with the chairperson of the committee. The persons to be nominated as private members shall fulfill the qualifications as set out in the earlier order.
The court fixed the civil appeal filed by Ramachandrapura Math for consideration in the first week of September 2024.
The matter before the court stemmed from a challenge made by Ramachandrapura Math against the Karnataka High Court's August 10, 2018 judgment that had quashed the state government's decision of August 12, 2008, to hand over control of the temple to it
Case Title: Ramachnadrapura Math Vs Sri Samsthana Mahabaleshwara Devaru and Others
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