K.S.NAVEEN Vs. CHIEF SECRETARY

JUDGEMENT

(1.) These batch of appeals arise out of a common order dtd. 22/5/2023 passed in W.P.No.25316/2022 c/w W.P.No.25318/2022 by which learned Single Judge of this Court while quashing the impugned Government Order dtd. 13/12/2022, whereby respondent No.6- Mr.P.S.Vastrad, a retired I.A.S Officer had been appointed as the administrator of Shree Jagadguru Murugharajendra Vidyapeeta (hereinafter referred to as the 'Vidyapeeta') and Shree Jagadguru Murugharajendra Bruhan Math (hereinafter referred to as the 'Math') - writ petitioners, also issued certain directions in the nature of extending the term of the administrator for a period of six weeks as an interim arrangement enabling the devotees of the Math and prominent members of the community to device a plan of action for due administration and management of the affairs of the Math and its institutions with an option to seek relief/redressal in terms of Sec. 92 of Code of Civil Procedure.

(2.) The impugned Government Order dtd. 13/12/2022 appointing the administrator as above, had been issued by the State Government purportedly in exercise of its power under Article 162 and 31(A) of the Constitution of India for the purposes of safeguarding the movable and immovable properties of the Math and Vidyapeeta and to prevent misappropriation of the funds. The said order came to be issued in the light of criminal cases having been filed against Sri.Shiva Murthy Murugha Sharanaru, the pontiff of the Math on 13/10/2022 before Nazarbad Police, Mysore in Crime No.155/2022 for the offences punishable under Sec. 376(2) (i), 376(3) r/w Sec. 149 of Indian Penal Code, 1860 and under Ss. 17, 5(1) and (6) of the Protection of Children from Sexual Offences Act, 2012, investigation of which was transferred by the Fast Track Court, Mysore to Rural Police Chitradurga on the ground of territorial jurisdiction of the offences. The accused-pontiff and other persons have been arrested and are in continuous judicial custody. It appears charge sheets have been filed and after taking cognizance of the matter the Special Court at Chitradurga has registered cases in Spl.C.(P) No.181/2022 and Spl.C(P) No.182/2022.

(3.) The above writ petitions have been filed by the Vidyapeeta and the math aggrieved by the impugned Government Order alleging violation of Article 14, 19, 21, 25 and 27 of the Constitution of India. It is also contended that the impugned Government Order passed in purported exercise of power under Article 162 and 31A of the Constitution is without authority of law inasmuch as the field is occupied to regulate the activities of the math and institutions under the Code of Civil Procedure and Karnataka Societies Registration Act. That the rights guaranteed under Article 25 and 26(b) can only be regulated by "law" enacted by the legislature and not through and under the executive power as the same would amount to colourable exercise of power. That mere absence of the pontiff in view of filing of cases against him would not empower the Government to exercise its power in the nature of issuing impugned Government Order.