M R MOHAN MURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the learned counsel for the respondents.

(2.) The appellants have called in question the appointment order dated 26.07.2017 in No.ADM. 8. CR.93/2016-17 passed by the 2nd respondent, in appointing respondent Nos.6, 8, 10, 11 & 12 as Members of the Committee of Management of the 3rd respondent-Sri.Someshwara Temple, Ulsoor, Bengaluru.

(3.) Learned counsel for the appellants arguing in support of the grounds urged in the appeal has contended that, Respondent No.10 was earlier appointed as a Committee Member of Sri Subramanya Swamy Temple, Halasuru, Bengaluru City and he was removed from the Membership for his misconduct in the said institution. Subsequently, without enquiring about his qualification and disqualification, antecedents, conduct etc., Respondent No.2 has blindly appointed him as a Committee Member of the 3rd respondent- Temple. Therefore, the same is in violation of Section 25(2)(b) of the Karnataka Hindu Religious Institutions and Charitable Endowment Act,1997 ( for short, the Act ) and also Rule 22(3) of the Rules framed thereunder. Therefore, such appointment of Respondent No.10 has to be nullified.