HARIKRISHNA PUNAROOR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The third respondent-Deputy Commissioner, Udupi, issued a notification under Section 25 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 (for short hereinafter referred to as the 'Act'), calling for applications to appoint the Committee of Management to the 4th respondent temple on 23.6.2009. In response to the said notification, 106 applications were received by the third respondent, including the applications of the petitioners and respondents 5 to 13. Some of the devotees filed objections for appointment of respondent No. 9 alleging that he is facing enquiry, etc. as per Annexures-K, L, and M.

(2.) When the facts stood thus, the Chief Minister of Karnataka, issued a note dated 24.7.2009 as per Annexure-D to appoint respondents 5 to 13 as members of the Committee of management of the 4th respondent-temple. This note is received by the second respondent-Commissioner on 25.7.2009. He passed an order at Annexure-A, dated 27.7.2009, appointing the very same 9 persons i.e. respondents 5 to 13 herein as the members of the Managing Committee of the 4th respondent-temple. The order at Annexure-A, dated 27.7.2009 is called in question in these writ petitions.

(3.) There cannot be any dispute that the note is sent by the Chief Minister as per Annexure-D, dated 24.7.2009, directing to appoint nine persons mentioned in Annexure-D i.e., respondents 5 to 13 as members of the Managing Committee of the 4th respondent. It is also not in dispute that very nine persons, i.e., respondents 5 to 13 are appointed as members of the Managing Committee of the 4th respondent within two days thereafter. No reasons are forthcoming in the impugned order as to why the applications of respondents 5 to 13 are allowed and of other persons are rejected. Thus, it is clear that the appointments so made are based on the directions of the Chief Minister.