(1.) THE petitioner was appointed as the member of the Managing Committee of Sri Durgadevi Temple, Kunjure, Udupi District, by the Zilla Dharmika Parishat, Udupi District, under Section 25 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 ('the Act' for short). The respondent passed an order at Annexure 'A' dated 22.8.2013 dissolving the Committee of Management of the aforesaid temple. The petitioner has called in question the validity of the said order in this writ petition. Learned Counsel for the petitioner would contend that the petitioner was appointed by the Zilla Dharmika Parishat as the members of the Committee of Management of the temple. The Committee has been managing the affairs of the temple without any blemish. The respondent has dissolved the Committee without assigning any reason and without holding an enquiry as provided under Section 28 of the Act
(2.) ON the other hand, learned Counsel appearing for the respondent submits that the term of the members of the Managing Committee is subject to the pleasure of the Zilla Dharmika Parishat or for a period of three years, whichever is earlier unless in the meantime, the Committee is dissolved or has ceased to function. In support of his contention, he has drawn my attention to Section 26 of the Act. Since they were holding the office at the pleasure of the Zilla Dharmika Parishat, the question of holding an enquiry contemplated under section 28 of the Act does not arise.
(3.) SECTION 25 of the Act authorizes the Zilla Dharmika Parishat to constitute the Committee of Management of the temple. Section 26 of the Act provides for term of office of the Committee of Management and election of Chairman. Sub -section (1) of section 26 of the Act states that subject to the pleasure of the Rajya Dharmika Parishat or Zilla Dharmika Parishat as the case may be, members shall hold office for a term of three years unless in the meanwhile the Committee is dissolved or has ceased to function.