SASHI KANTA SARMA Vs. DISTRICT JUDGE KAMRUP

JUDGEMENT

(1.) In 1930 a Suit was originated being Original Suit No. 12/1930 before the then Court of Special Judge, Assam Valley District at Guwahati under Section 92 of the Code of Civil Procedure for formulating a Scheme for better management of the affairs of Ugratara Temple which has been situated in the heart of the Guwahati city at Uzanbazar. This temple was established during the reign of Ahom Kingdom of earstwhile Assam. The management for preservation of the said temple had been run by a Trustee consisting of two families of Bordeories as Trustees. These two families had been consisted of Bordeories, one at Degheli and the other at Soalkuchi in the District of Kamrup. These Bordeories were regarded as the real trustees of the temple. Amongst these Bordeories one Doloi had been selected for supervision and management of the worship and the properties of the temple. Since there was some dispute amongst Decries as well as the matter relating to powers and functions of the Doloi of the temple, the above-mentioned suit was filed for formulating a Scheme. In the said Suit the learned Special Sub-Judge by his final decree dated 10.2.1936 ordered and decreed that the scheme was prepared for better management of the Trustees in connection with Ugratara Temple at Guwahati and the same Scheme was attached with the decree. The said Scheme was also confirmed by the then Calcutta High Court which exercised the jurisdiction over the State of Assam during that time prior to establishment of the Gauhati High Court. The said decree along with the Scheme has been annexed as Annexure-A to this Revision Petition. The relevant provisions of the Scheme is essential and necessary for the purpose of proper adjudication of this case in hand are produced hereunder.

(2.) On 20.2.1995 the learned District Judge Kamrup, Guwahati, in exercise of power vested upon him under Clause-Ill of the Scheme (Alteration and Amendment of the Scheme) proposed to make amendment of the Scheme by bringing several changes including the constitution of the Managing Committee by increasing existing number taking into consideration the fact that the scheme under which the temple has been managed is also 60 years old and by this time numerous social changes have been taken place including the increase in population necessitating the increase of number of managing committee from existing number of seven. In that process the learned District Judge, on 15.3.1995 ordered the proposed amendment in the following terms: (a) Sub-para 1 of para II (except the note below) shall stand substituted as follows :

(3.) Thereafter the said management has been given effect to by the learned District Judge by his order dated 29.3.1995. Consequent upon such amendment, an election for the Doloi and six members (three each from Dighali Branch as well as Sualkuchi Branch) was held on 21.5.1995. Subsequent to such election, on 24.5.1995 the learned District Judge by his order constituted the Managing Committee of 11 members with the 7 (seven) elected members including the Doloi as well as 4 (four) nominated members nominated by him who is authorised to nominate such 4 (four) persons under the amended Scheme itself. This impugned order dated 24.5.1995 selecting 11 members including a Doloi to constitute the Managing Committee as well as the amendment made by the learned District Judge are the subject-matters of challenge in this Civil Revision Petition.