M MURALEEDHARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The short question arises for consideration in this Original Petition is whether the Hindu M. L. As. had to give a declaration that they believe in God and temple worship before exercising their right of electing a person to the Travancore-Cochin Devaswom Boards and further whether a Hindu has to declare that he believes in God and temple worship before getting nominated to the Devaswom Boards.

(2.) Vacancies having arisen in Cochin and Travancore Devaswom Boards, the second respondent, Shri. K.K. Sunkara Gunakan, a retired District Judge, as authorised person under Ss.5 and 64 of the Travancore-Cochin Hindu Religious Institutions Act issued a notice dated 13-6-1989 to all Hindu M. L. As. of the State of Kerala to attend a meeting to be held between 9.30 a.m. and 12 hours on 6-7-1989 at the Durbar Hall, Government Secretariat, Trivandrum for the purpose of electing a member each to the Travancore and Cochin Deveswom Boards. It is mentioned in that notice that if there be a contest, pulling shall be held immediately thereafter and results declared on the same day. Nomination papers had to be presented to him between 10 a. m. and 12 hours at the Durbar Hall on 4-7-1989 and the same will be serutinised at 3 p. m. on the same day. The election, if required, it is stated, will be held according to Rules mentioned in Schedule II copy of which was also annexed. In the Schedule annexed R.3(b) is given as follows : "3(b) The person nominated shall affix his signature to the nomination paper before it is delivered to the Chairman, stating that he believes in God and professes the Hindu Religion and believes in temple worship and that he is willing to serve as a member of the Board, if elected. " It is stated that R. 3 (b) as extracted above was a mistake crept in because the Rules amended by Ordinance No.86 of 1984 was wrongly adopted. The amendment had not taken effect as the Ordinance was lapsed and as soon as the mistake was found out the same was rectified by Circular dated 28-6-1989 and the correct rules were enclosed as revised Schedule II. To that effect an affidavit was filed in C. M. P. 16283 of 1989. The correct Rule 3 (b) is contained in the revised Schedule II annexed to the letter dated 28-6-1989 which reads as under : "3(b) Any Hindu member of the Legislative Assembly of the State of Kerala may nominate a duly qualified person who is not subject to any disqualification for election as the member of the Board by delivering to the chairman between the hours fixed by the Chairman for the receipt of nomination papers, a nomination paper signed by the proposer and another Hindu member of the legislative Assembly of the State of Kerala as seconder and stating the name of the person nominated. The person nominated shall affix his signature to the nomination paper before it is delivered to the Chairman stating that he is willing to serve as a member of the Board, if elected. " The revised rule does not require persons submitting nomination papers to declare that he believes in God and professes the Hindu religion and believes in temple worship. S. 6 of the Act provided only that a person shall not be qualified for nomination or election as a member of the Board unless he is a permanent resident of the Travancore-Cochin area and professes Hindu religion and has attained 35 years of age.

(3.) The petitioner had sent a memorandum on 15-4-1989 to the Governor of Kerala requesting that only those Hindu M. L. As. who give declaration that they believe in God and temple worship should be given the right to participate in election either by getting nominated or by voting and further stating that by the term "Hindu members" it was meant only persons who profess Hindu religion and believe in God and temple worship. The memorandum pointed out that Smt. Saraswathy Kunjukrishnuds term expires on 22-4-1989 and a member has to be elected in her place by Hindu member of the Assembly. It is apprehended that non-believers may also be permitted to participate in the election and therefore the Governor was requested to fill up the vacancy of the member of Travancore Devaswam Board by the Hindu members of the Kerala Legislative Assembly in which only those Hindu members who gave a declaration that they believe in God and temple worship should be given the right to participate and vote for election to the Board. The authorised representative Commissioner by the Governor who is to conduct the election was requested to be given necessary instruction in this regard. Since this request has not been fully carried out in issuing the notice by the second respondent for election and it is apprehended that election will take place on 6-7-1989, the petitioner filed the Original Petition praying to quash the notice issued to Hindu M. L. As. to the extent it allows them to vote at the election for electing two members of the Devaswom Board without giving a declaration that they believe in God and temple worship and further to declare that only those Hindus who file a declaration that they believe in God and temple worship alone can get nominated or vote at the election of a member each in the two Devaswom Boards.