S.TIMMAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners in this batch of cases were appointed as Chairpersons and/or Trustees on the Boards of various temples in the erstwhile combined State of Andhra Pradesh. Such appointment was effected under the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for brevity, the Act of 1987). Their common grievance in these cases is with the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments (Amendment) Act, 2014 (Act No.8 of 2014), enacted by the bifurcated new State of Andhra Pradesh, in so far as it introduced Section 163 in the Act of 1987. This provision is assailed on the ground that it is illegal, arbitrary and a colourable exercise of power, contrary to the provisions of the Constitution and the Act of 1987.

(2.) By way of Act No.8 of 2014, the new State of Andhra Pradesh effected certain changes in Sections 15 and 96 of the Act of 1987 and introduced Section 163 therein. The grievance canvassed presently is as regards this new provision. Section 163 reads as under:

(3.) Given the multiplicity of pleadings, it would suffice to refer to the affidavit filed in support of Writ Petition No.29264 of 2014, which comprehensively covers the gamut of the grounds of challenge urged by the petitioners against the impugned provision. The petitioner in this writ petition was appointed Chairman of the Trust Board of Sri Veerabhadra Swamy Vari Devasthanam, Lepakshi Village and Mandal, Hindupur Taluk, Ananthapur District. His appointment as a Trustee took place in December, 2013 and he was elected Chairman of the Board thereafter. His term as a member of the Trust Board is till December, 2015 as per Section 17(2) of the Act of 1987. Sri Veerabhadra Swamy Vari Devasthanam, Lepakshi, is a temple classified under Section 6(b)(ii) of the Act of 1987. The Commissioner of Endowments is therefore the competent authority to constitute its Board of Trustees as per Section 15 of the Act of 1987. The petitioners appointment was accordingly effected by the Commissioner of Endowments of the erstwhile combined State of Andhra Pradesh. While so, by way of the impugned amendment and introduction of Section 163 in the Act of 1987, the present State of Andhra Pradesh decreed that the Chairpersons and members of all the Trust Boards of all temples holding office at the commencement of Act No.8 of 2014 shall cease to hold office forthwith and thereupon, it shall be competent for the Government of the present State of Andhra Pradesh to reconstitute new Trust Boards and until such time, to appoint a person or persons to exercise the powers and perform the functions of such Boards. The petitioner challenges this legislative action on the ground that there was no justification for terminating the Trust Boards constituted as per the provisions of the Act of 1987 whereby a statutory right vested in those appointed to continue in office, as per Section 17 of the Act of 1987, for a term of two years unless removed as per the procedure prescribed under Section 28 thereof.