Court Orders Reinstatement of Hereditary Trustee and Calls for New Administrative Scheme
In a landmark ruling, the Kerala High Court has quashed the appointment of an Executive Officer in the Sree Thirumandhamkunnu Bhagavathy Temple, declaring it illegal and ultra vires. The decision, delivered by the Division Bench comprising Justices Raja Vijayaraghavan V and K.V. Jayakumar, emphasized that the appointment contravened the provisions of the temple's scheme under the Madras Hindu Religious and Charitable Endowments Act, 1951.
The court's judgment was in response to a writ petition filed by Mr. M.C. Kunhunni Raja, the hereditary trustee of the temple, and others, challenging the Malabar Devaswom Board's decision to appoint an Executive Officer without proper authority. The court held that the power to appoint an Executive Officer is limited and cannot result in the indefinite displacement of hereditary trustees.
The ruling highlighted that the appointment for an indefinite period, without notice to the hereditary trustee, was a misuse of the Board’s powers under Section 20 of the HR&CE Act. The court noted, "The power to appoint an Executive Officer is intended to meet exceptional situations and cannot be exercised in a manner that results in a permanent or indefinite displacement of the hereditary trustee."
Additionally, the court addressed several connected writ petitions filed by temple employees and other stakeholders concerning issues of illegal appointments and maladministration. The judgment dismissed these petitions, reaffirming the limitations on the trustee's power to appoint employees beyond sanctioned posts.
The court directed the Malabar Devaswom Board to take immediate steps to appoint a new hereditary trustee as per the existing scheme and to frame a new administrative scheme for the temple. This new scheme is expected to ensure transparent, equitable, and effective management with consultations from all stakeholders and court approval.
The judgment also responded to complaints of corruption and maladministration, indicating the need for a revised scheme to address these issues and safeguard the interests of the deity and devotees.
The court has set a deadline of three months for the formulation of the new scheme, which will require approval from the Devaswom Bench of the Kerala High Court.
Bottom line:-
The appointment of an Executive Officer in a temple by the Devaswom Board is illegal and ultra vires when it contravenes the provisions of the temple's scheme framed under the Madras Hindu Religious and Charitable Endowments Act, 1951. The powers of the Board to appoint an Executive Officer are limited and must not displace the rights of hereditary trustees indefinitely.
Statutory provision(s): Hindu Religious and Charitable Endowments Act, 1951, Sections 20, 48, 99, 100; Rule 10 under Section 100(2)(y)
