ANANTESHWARA AND CHANDRA MOULDESHWARA TEMPLE Vs. DY COMMISSIONER FOR HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS D K MANGALORE

JUDGEMENT

(1.) Petitioners are the Trustees of a Temple situated in Udupi. They challenge the letter of the 2nd respondent issued to the 1st respondent. In this, the 2nd respondent stated that he was not recognising the present Trustees as Trustees of the temple. He says that, on 10-11-1986, proper publication before the constitution of the Board of Trustees, was suggested and that several devotees have complained about the election of these Trustees as illegal. Therefore, 2nd respondent stated that for the purpose of constituting a fresh Board of Trustees, the meeting of the devotees may be called for which he directed wide publicity as suggested therein. Copy of this letter dated 28-2-1987 was enclosed by the 1st respondent to his letter dt. 6-3-1987 addressed to the Managing Trustee. The 1st respondent pointed out the expectations expressed by the 2nd respondent in his letter about due publicity for election of Trustees and sought compliance with the same.

(2.) Petitioners question these directions and challenge the powers of the respondents refusing to recognise their election as Trustees, under the following circumstances :

(3.) The temple in question is governed by the provisions of the Madras Hindu Religious and Charitable Endowments Act, 1951 (as amended in 1954) - for short referred as 'the Act.' Formerly the Area Committee constituted under the Act used to give directions regarding appointments of Trustees. Since 20 years this has been abandoned and thereafter, as a matter of convention, the devotees elect seven Trustees for a period of 5 years. Though, there are no prescribed rules regulating the holding of the election, the practice has been, for the Managing Trustee to publish notice of the meeting of devotees in the notice-boards of the temple, village panchayat office of the Shivally village and a copy being sent to the Tahsildar, Udupi. The contents of notice are also published by tom-tom in the lanes of the Shivally village.