Court Stays Appointment of Administrative Officer by State, Allows Existing Committee to Continue Management
In a significant ruling, the Karnataka High Court has upheld the continuation of a management scheme for the Shree Malatesh (Mailarling) Temple, originally framed under Section 92 of the Code of Civil Procedure, 1908. The decision comes amidst a legal tussle over the temple's management following the notification of the temple under the Hindu Religious Institutions and Charitable Endowments Act, 1997 (HRICE Act).
The bench, comprising Justices S. Sunil Dutt Yadav and Hema Kulkarni, addressed the interim prayer to stay an order from the learned Single Judge, which had set aside a notification by the Prl. District and Sessions Judge, Dharwad. This notification called for nominations to the temple's management committee for a five-year term, which was subsequently contested in the writ petition.
The core contention revolved around whether the temple should continue to be managed under the longstanding scheme framed in 1935 under Section 92 of the CPC or transition to a new management structure under the HRICE Act. The court noted that while the temple was notified under Section 23 of the HRICE Act, the existing scheme remains operative unless explicitly altered or canceled by the Deputy Commissioner as per Section 25(B)(4) of the HRICE Act.
The court observed that the Deputy Commissioner had not issued any order to modify the existing scheme. Therefore, the committee appointed by the Prl. District and Sessions Judge under the scheme should continue its management role until the appeal is resolved. This decision effectively stays the appointment of an administrative officer by the state, deemed premature pending the final adjudication of the scheme's validity.
The High Court also highlighted discrepancies in the HRICE Act's repeal clause, which does not specifically address the repeal of schemes settled under Section 92 of the CPC, unlike similar provisions in other regional acts such as the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
The ruling permits the continuation of temple management under the historical scheme, ensuring that the temple's affairs are conducted without disruption while awaiting a conclusive legal resolution.
Bottom Line :
Hindu Religious Institutions and Charitable Endowments Act, 1997 - Continuation of a Scheme framed under Section 92 of CPC, 1908 - A Scheme framed and acted upon under Section 92 of CPC, 1908 for the management of a temple continues to hold good unless modified or canceled by the competent authority as per Section 25(B)(4) of HRICE Act.
Statutory provision(s): Hindu Religious Institutions and Charitable Endowments Act, 1997 (Sections 23, 25, 25(B)(4), 29, 78), Code of Civil Procedure, 1908 (Section 92).
