G AJITH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) O.P.No.24797 of 2002 is filed by a devotee of the Sree Krishna Temple, Guruvayoor challenging Ext.P1 order by which the eighth respondent has been appointed as Administrator removing the seventh respondent from the post. Along with the Original Petition, a petition for stay in C.M.P.No.41997 of 2002 was filed. By order dated 2nd September, 2002, Ext.P1 order was stayed. Further, it was stated that the seventh respondent to continue as Administrator even if the eighth respondent has taken charge.

(2.) The main basis on which the Original Petition is filed is that the body to appoint the Administrator is the Managing Committee and the Commissioner cannot exercise that power. It was further stated that the eighth respondent is not from the Revenue service. Hence, is not qualified to be appointed. Subsequent to the filing of the Original Petition, a petition was filed to amend the Original Petition by challenging Act 20 of 2001 of Guruvayoor Devaswom Act (hereinafter referred to as the Act ). Objections have been filed to the C.M.P. The eighth respondent has entered appearance and wanted that the C.M.P. for stay should be heard immediately. It was in these circumstances that we heard the C.M.P.

(3.) As per the Act, there should be a Managing Committee. The Managing Committee consists of three permanent members, viz, Zamorian Raja of Calicut, eldest member of Mallisseri illom and Thanthri of the Temple. In addition, there are six more members; one representative of the employees of the Devaswom to be mentioned by the Hindus among the Council of Ministers. Another five persons of whom one shall be member of a Scheduled Caste, nominated by the Hindus among the Council of Ministers from among persons having interest in the Temple. Originally, the term of office of the members was for two years. Subsequently, in 1998, the term was enhanced to five years. Now, it has been reduced to two. The quorum of members was originally fixed as three and now as four. According to the Act, so far as the appointment of Administrator is concerned, it is done under Section 14 of the Act. Section 14 of the Act enables the Managing Committee to appoint an officer of Government not below the rank of Deputy Collector to be the Administrator for the Devaswom from among a panel of names furnished by the Government. There is another officer called, Commissioner. The Commissioner has got the overall supervision of the Managing Committee. So far as the appointment of Arbitrator is concerned, from the panel sent by the Government, one person has to be appointed.