Supreme Court: In a set of two civil appeals by Secretary and President of Oachira Parabrahma Temple, Kerala against two orders of Single Judge of the Kerala High Court, one directing the Trial Court to frame a Scheme for the management of the temple and another removing the elected Executive Committee of the temple, the three-Judge Bench comprising of CJI Sanjiv Khanna, Sanjay Kumar and R.Mahadevan*, JJ. appointed Justice K. Ramakrishnan, Judge (Retd.), Kerala High Court as Administrative Head / Administrator to conduct the election for the administration and management of the temple and its allied institutions, in a free and fair manner.
Background
The temple is a unique, ancient and historical one as there is no building, consecrated idol or deity and sanctum sanctorum. The management of the temple and the institutions being run under it, such as super speciality hospital, nursing college, etc., are governed by the bye-laws of the temple. As per the Bye-laws, the administration is vested in a system of three-tier elected Committees. The appellants were elected as Secretary and President respectively of the Executive Committee in the election held in May 2017 and thereafter, no election has been conducted so far. In 2006, some devotees filed a suit before the 1st Additional District Court, Kollam, to frame a Scheme for administration of the temple and the institutions thereunder. By judgment and decree dated 09-04-2010, the trial Court passed a preliminary decree directing for framing of the Scheme; and further, directed the parties to file a draft Scheme. Aggrieved by the decision of the Trial Court, the Sthanis (Hereditary Trustees) of the temple, preferred a Regular First Appeal before the High Court, seeking a direction to the trial Court to make adequate safeguards for them, with respect to their share of amounts and their roles to play, in the proposed Scheme. The Single Judge passed an interim order, appointing an Advocate Commissioner for the purpose of counting the offerings in the temple.
Vide, the impugned decision, the High Court directed the Trial Court to frame a Scheme for the management of the temple and its institutions and to formulate Rules for its functioning, after giving an opportunity to all the parties to produce a draft Scheme as expeditiously as possible, but not later than one year. Further, the High Court appointed Justice A.V. Ramakrishna Pillai, a retired Judge of the High Court, as the Administrative Head of the temple and the Trust/Managing Committee. It was further held that the Administrative Committee (the bodies elected as per the bye-laws of the temple) shall be under the supervision and full control of the said Administrative Head; until such time the scheme is framed by the Trial Court; all decisions of the elected bodies shall require to be ratified by the Administrative Head before the decisions are put to implementation; the parties concerned would be at liberty to place within one month, their suggestions before the Administrative Head regarding the draft Scheme, so as to enable the Administrative Head to settle the Scheme through consensus, if it is possible.
Meanwhile, an interlocutory application was filed to conduct an election to elect a Pothu Bharana Samithi, the High Court in the 2nd impugned decision removed the elected Executive Committee of the temple and appointed an unelected Committee comprising persons of its choice contrary to the Bye-laws of the temple and the prevailing customs. Hence, the present appeals by the elected Secretary and President of the Executive Committee.
Analysis and Decision
On perusal of the records, the Court said that the administration of the temple and the institutions thereunder is governed by the Bye-laws of the temple. The Court noted that Clause 9 of the Bye-laws makes it clear that the term of office of the elected General Body is five years from the date of the election and Clause 11 stipulates that the term of the other elected bodies is co-terminus with that of the General Body. Further, the Court noted that after the election in May 2017, no election has been conducted so far.
The Court did not interfere with the merits of the facts, however, said that there were serious disputes in administering and managing the temple and its institutions by the Administrative Head appointed by the High Court and the alleged Executive Committee. Considering the history, uniqueness and the institutions run by the temple, the Court stated that it is imperative to restore, protect and preserve temples and their properties with utmost care. Hence, the Court considered it necessary to conduct election under the aegis of a new Administrative Head/ Administrator, for the smooth and effective administration of the temple and the institutions thereunder.
Therefore, the Court appointed Justice K. Ramakrishnan, Judge (Retd.), Kerala High Court as Administrative Head / Administrator to conduct the election for the administration and management of the temple and its allied institutions, in a free and fair manner. The Court directed that:
Administrative Head / Administrator shall commence the election process by finalising the voters’ list and publishing the same, etc., and complete the same strictly in accordance with the Bye-laws of the temple, within a period of four months, and thereafter, file his report to this Court.
The Administrative Head / Administrator can appoint two officers i.e., one in the cadre of District Judge (Retd.) and another in the legal profession, to assist him for speedy completion of the assignment entrusted to him.
The Administrative Head / Administrator shall be paid an honorarium of Rs.2,00,000/- per month, apart from reimbursement of all the expenses incurred by him, including travelling expenses, and those incurred towards the discharge of his duties, from the funds maintained by the temple. In case, he appoints a retired District Judge and an Advocate for his assistance, the Retired District Judge shall be paid an honorarium of Rs.75,000/- per month and the Advocate shall be paid a sum of Rs. 50,000/- per month.
The Administrative Head / Administrator shall incur all the expenses for smooth conduct of election and administration of the temple and its institutions from and out of the funds maintained by the subject temple.
All the parties shall render their assistance/ co-operation to the Administrative Head to complete the election within the time frame as stipulated in clause (ii).
The Administrative Head / Administrator / Advocate Commissioner appointed by the High Court, ceases to exist and hence, they are directed to hand over the charge/accounts to the newly appointed Administrative Head / Administrator with immediate effect.
The newly Appointed Administrator/ Administrative Head shall manage the affairs of the Temple/Samithis until the election(s) is/ are held and shall handover the charge to the elected body.
The existing arrangements relating to the functions/duties/ affairs of the subject temple and its institutions shall stand continued, until further orders from the trial Court.
The Trial Court shall complete the final decree proceedings in the suit filed for framing of Scheme, as expeditiously as possible. The parties shall participate and raise all the issues touching upon their rights, Scheme, etc., before the Trial Court in the final decree proceedings.
CASE DETAILS
| Citation: Civil Appeal No(s). 13708 – 13709 of 2024 Appellants : Oachira Parabrahma Temple Respondents : G. Vijayanathakurup | Advocates who appeared in this case For Petitioner(s): For Respondent(s): |
CORAM :
Sanjiv Khanna, CJI
Sanjay Kumar, J.
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