RAMAWTAR CHAURASIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BOTH these writ petitions relate to Maa Sharda Devi Mandir at Maihar in District Satna in the State of madhya Pradesh.

(2.) THE State Legislature has enacted The madhya Pradesh Maa Sharda Devi Mandir adhiniyam, 2002 (for short the Adhiniyam), which has admittedly come into effect by a notification issued by the State Government under sub-section (2) of Section 1 of the adhiniyam. Section 4 of the Adhiniyam provides that notwithstanding anything contained in any decree or order of any Court or any custom or usage or contract, sanad, instrument, deed or property, engagement to the contrary, the ownership of the Mandir and all the endowments which have been or may after the enactment of the Adhiniyam be made for the benefit of the Mandir in the name of any person whatsoever or for the convenience; comfort or benefit of the pilgrims visiting the Mandir and all offerings including Chadotri shall vest in the deity of maa Sharda Devi. Section 5 (1) of the adhiniyam provides that the administrative control and management of the Mandir and its endowments shall vest in Maa Sharda devi Mandir Managing Committee (for short the Committee ). Section 11 of the Adhiniyam provides that subject to the provisions of the adhiniyam and the rules made thereunder, it shall be the duty of the Committee inter alia to arrange for the proper performance of worship, 'puja archana' and the daily and periodical rites of the Mandir, to provide facilities for the offerings of worship by devotees, to ensure the safe custody of funds, valuables and jewelleries and the preservation and management of the properties vested in the Mandir. Section 16 of the adhiniyam provides for appointment of Administrator of the Mandir by the State and further states that the Committee shall exercise its power of administration, control and management of the Mandir through the administrator. Section 17 (1) of the adhiniyam provides that the posts of officers and employees of the Committee shall be created after prior approval of the State government. Section 17 (2) of the Adhiniyam provides that appointment of all officers other than Administrator and other employees of the Mandir shall be made by the Collector. Section 18 (1) provides that all pujaris, Pandas Sevaks and servants attached to the Mandir or in receipt of any emoluments or perquisites therefrom and all licences shall be under the control of the administrator. Section 25 of the Adhiniyam provides inter alia that the State Government or the Commissioner may issue such direction to the Committee as it/he may deem fit and the Committee shall abide by the same. Section 37 (1) of the Adhiniyam provides that the Committee shall be entitled to take and be in possession of all movable and immovable and movable properties including the funds and jewelleries, records, documents and other assets belonging to the mandir.

(3.) IN accordance with the aforesaid provisions of the Adhiniyam, the Committee is in possession of all movable and immovable properties of the Maa Sharda Devi Mandir and is also running the administration of the Mandir. The State Government issued an order on 9-11-2006 to the effect that Shri swami Devi Prasad Pandey, the Head Pujari of Maa Sharda Devi Mandir, Maihar, would be entitled to a share of one anna in the chadotri (offerings made to Maa Sharda devi ). The petitioner in Writ Petition No. 3786 of 2007 has challenged the order dated 9-11-2006 of the State whereas the petitioner in W. P. No. 50 of 2007, Shri Swami devi Prasad Pandey, has prayed that the order dated 9-11-2006 issued by the State government be implemented forthwith.