OACHIRA PARABRAHMA TEMPLE Vs. G. VIJAYANATHAKURUP

JUDGEMENT

(1.) Leave granted.

(2.) The appellants, claiming themselves as elected Secretary and President of a temple viz., Oachira Parabrahma Temple situated at Kerala (hereinafter shortly referred to as "the subject temple"), have preferred these Civil Appeals against two orders passed by a learned Single Judge of the High Court of Kerala at Ernakulam viz. one is a final Judgment and order dtd. 2/3/2020 passed in RFA No. 562/2010 and another is an order dtd. 7/2/2023 passed in I.A No. 5/2022.

(3.) According to the averments made in the Civil Appeals, the subject 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, viz., Pothubharana Samithi (General Board), Pravarthaka Samithi (Working Committee) and Karya Nirvahana Samithi (Executive Committee). The Appellant Nos.1 and 2 were elected as Secretary and President respectively of the Executive Committee in the election held during May 2017 and thereafter, no election has been conducted so far. However, on 7/4/2022, the Executive Committee, which existed till then, was voted out in a no-confidence motion, and a new committee consisting of 11 members, including the appellants, assumed office.