VINAYAKA DEV IDAGUNJI Vs. SHIVARAM

JUDGEMENT

(1.) The question for consideration in this appeal is : Whether a suit to establish a right to be hereditary archaks (Pujaris) in a temple and a share in the offerings made to the deity, is a suit in relation to personal/private right of the archaks or it is a suit in the nature of exercising a public right in a public trust The question has arisen in the context of bar created by Section 50 of the Bombay Public Trusts Act, 1950. Regarding suits falling within the categories enumerated in Section 50 of the Act, either the Charity Commissioner has to file them or they have to be filed after obtaining consent in writing of the Charity Commissioner.

(2.) Briefly, the facts are : the plaintiffs (respondents herein) claiming to be hereditary archaks of the temple in suit from times immemorial and having a right to perform their duties (poojapal) as archaks in the temple, filed a civil suit for declaration to establish these rights. According to the plaintiffs, their family has been performing poojapali and exercising the rights incidental thereto since ancient times. The plaintiffs also claimed that they are entitled to emoluments in the form of share in the offerings made by the devotees. The ancestors of the plaintiffs have been exercising such rights since time immemorial when there was no trust for the temple and there were no trustees. The trust was created much later and the trustees are only managers of the properties of the trust. The trustees sought to remove the plaintiffs from archakship. According to plaintiffs the trustees had no right to remove hereditary archaks like the plaintiffs. The plaintiffs further pleaded that often the offerings to the deity are symbol of sacrificial dedication of the produce of the land grown by the efforts of the devotees. "Padiakki" is the rice and coconut given by the devotees as dan (donation) to the officiating priest to take home. On this count, the priest has to accept the many negative karmas of the donor and to mitigate this, the priest has to perform penance. The plaintiffs had been exercising their rights to the knowledge of the defendants who are the trustees of the temple trust. According to the plaintiffs the archakship is not a job or vocation but a hereditary religious office, functions whereof they have to discharge ungrudgingly. A state of harmony and co-operation between the trustees and archaks continued till 1974-75. Thereafter, the trustees allegedly prepared a "Niyamavali" (Rule Book) meant for regulating the activities like Pooja and Viniyogas etc. The Niyamavali had no legal or statutory backing. Under the Niyamavali the trustees also tried to interfere with the right of the plaintiffs regarding remuneration and donations received by them from the devotees. According to the plaintiffs the emoluments received by the archaks are not the income of the temple.

(3.) In order to get rid of the plaintiffs, the defendants issued a notice dated 21st September, 1994 terminating their services as archaks. The plaintiffs filed the instant suit for declaration that the plaintiffs are hereditary archaks of Shri Mahaganapathy (Vinayaka Dev) Temple of Idagunji in Honnavar Taluk and for consequential reliefs like declaring that the order of termination issued by defendants dated 21st September, 1994 is illegal, void and contrary to the principles of natural justice etc.