J.S. JAYACHANDRAN Vs. TEMPLE ADVISORY COMMITTEE

JUDGEMENT

(1.) The vice President and three members of the present Temple Advisory Committee of the Koottappana Major Sree Mahadeva Temple, Neyyattinkara has filed this writ petition with a seemingly innocuous prayer to have a general body convened and elections conducted for the purpose of constituting a new Committee when the term of the present Committee expires on 03.03.2018. 2. We notice that there are several allegations and averments contained in the writ petition against respondents 1 to 3, who are the present Temple Advisory Committee and its President and Secretary respectively. As we have already noticed above, the first petitioner is, in fact, the Vice President of the said Committee and broadly his allegation herein appears to be that the present Committee has been in office continuously and uninterruptedly for the last ten years, which, according to him, is illegal and contrary to the applicable Scheme of Management, wherein the term of a Committee is limited to be two years. He also makes certain allegations against the said Committee with respect to the conduct of gold covering of the Thazhikakkudam in the previous years and relating to purchase of gold for such activity. We are not proposing to go into these allegations in detail, since we are of the opinion that it is up to the Travancore Devaswom Board to take action on such allegations, when instances are brought to their notice in terms of law. 3. For the present, our attention is deserving only to the question as to whether a new Committee has to be constituted when the term of the present Committee expires on 03.03.2018. It may not be necessary for us to labour much on this question because it is without contest that even as per the mandate of the applicable Scheme, a new Committee will have to be constituted and brought into being before the date of the term of the present Committee expires. The only claim of the respondents against this is that their term of one year, which expires on 03.03.2018, be extended by another year. 4. The learned Standing Counsel appearing the Devaswom Board tells us that the annual festival of the Temple is to commence on the 18 th March, 2018 and to conclude only on the 25 th March 2018 and he says that if a new Committee is brought into existence and given the charge of the Temple before this date, it may be impossible for them to conduct the annual festival in the manner it behooves the sanctity of the Temple. He, therefore, says that the elections to the new Temple Advisory Committee can be conducted after the festival is over. 5. The learned counsel appearing for the petitioners opposes this submission and says that since the term of the present Committee expires on 03.03.2018, it is only in the order of things that elections are held and a new committee brought into existence before that date. 6. The learned counsel for respondents 1 to 3 submits that the prayer of the petitioners is highly questionable and confutative because, according to him, the work with respect to the construction of the Valiyambalam and Nalambalam is still pending and that they have obtained Exhibit R3(a) judgment from this Court so that they can complete the construction at the earliest. He, therefore, prays that they may be given extension for one year as has been applied for by them before the competent authority of the Devaswom. 7. We have considered the submissions of the learned counsel as above. The fact that the present Committee has been in office for the last ten years uninterruptedly is conceded by all the counsel. Of course, the learned counsel for respondents 1 to 3 says that, contrary to the allegations made by the petitioners, the members of the present Committee are not continuing without elections and he says that every two years elections were conducted and that same members have been elected unanimously by the general body in each such process. He, therefore, says that the allegation that the present Committee is continuing for the last ten years without election is completely without basis. 8. Whatever be the factual certitude of the submissions made on behalf of respondents 1 to 3, we are of the view that a committee cannot be normally allowed to continue beyond the two year period that is mandatorily fixed for its existence. Axiomatically, when the term of the present Committee ends on 03.03.2018, it is only appropriate that a new committee be elected and put in office. We are also, however, cognizant of the submission made by the learned counsel for the Devaswom Board, with respect to the annual festival of the temple which is to commence on the 18th March and conclude on the 25th and the necessity of allowing the present Committee to be in charge during the said festival. 9. In such circumstances and taking into account the totality of the submissions made by various counsel, we deem it appropriate to issue the following directions: