SAJJANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN village Dhulev in the erstwhile State of Udaipur in Rajasthan there is an ancient temple of Shri Keshriyanathji.

(2.) THE petitioners on behalf of Swetamber Jain Sangh and the members of Murtipujak Swetamber Jain Sangh of Udaipur claim that this temple is a Jain temple and has always been recognised as such in official documents and Farmans issued by the erstwhile State of Mewar and assert that it was under the ownership and management of Jain Shashan. It is said that it is a 'Bavan Jainalaya' with a main idol in the centre and 51 Devries around it. THE main idol is that of Shri Rikhabdeoji, the first Tirathankar of Jains and the idols in the said Devries are those of other Tirathankars and footprints of some deities, that Sewa Puja in the temple is performed according to Swetamber Murtipujak Jain tenets, that this temple is a famous of place worship for Swetamber Murtipujak Jains from all parts of India. THEy come in large numbers. THEy donate large funds for the religious worship in the temple and for other religious and charitable activities. THEre are people of other faiths also who worship therein on account of Prabhartik idol but this they do so out of religious tolerance and grace on the part of Swetamber Murtipujak Jains. Even these people in matter of worship follow the same mode and rituals which are required for the worship of Jain idol in a Jain temple. THE very name of the temple deity Shri Keshariyanathji denotes its Swetamber character as no Keshar is offered to any other religious deities, that this temple has religious and charitable activities in which pilgrims donate large funds. THEse are provided in Khatas out of which pilgrims select items of their choice and donate therein. THEse Khatas are 13 in number and as follows and are according to Jain Swetamber religious tenets. 1. THE Bhandar Khata, 2. Sadavrat Khata, 3. Snatra Khata, 4. Angi Khata, 5. Bhala Khata, 6. Jirnodhar Khata, 7. Dada Sahib Khata, 8. Dharamshala Khata, 9. Jivadaya Khata, 10. Manibhaderji Khata, 11. Sat Kshetra Khata 12. Sadharan Khata, 13. Pagla Khata. Besides the above items there are certain lump sum amounts donated by persons in the past to the temple to invest the same and to use its interest, and other returns for specific religious purposes, that in the temple staff there are persons known by the name of Bhandaries and Pujaries (Sewaks). THEy are brahmins and non-jains and are the old employees of the temple. THEy are not paid salaries out of temple funds, but are allowed share from certain incomes of the temple. THE Bhandaries are paid a share out of the gifts made to the temple and Pujaries (Sewaks) are given out of the income from bids (Bolis) in respect of Pakshal (bathing ceremony) and Puja (worship) of the idol if Shri Keshriyanath. According to the tenets of Jain religion the management of Jain temple itself earns religious merits and is enjoined in the religious books and is thus a part of their religion. THEir grievance is that the management of the said temple has been illegally usurped by the Government of Rajasthan through the Devasthan Department for some years and that the State Government was attempting to dispose of the gold and silver ornaments of the said temple. Further the State of Rajasthan has promulgated the Rajasthan Public Trusts Act, 1959 (Act No. 42 of 1959) (hereinafter called the Act) and has also made rules under it. Chapters 1 to 4 and rules connected therewith of the said Act have come into force from 22nd October, 1959 while Chapters 5 to 10, 12 and 13 and rules connected therewith have also come into force from 1st July, 1962 and that certain provisions of the Act which apply to the said temple conflict with the fundamental rights of the petitioners guaranteed under Art.25 and 26 of the Constitution of India. THE petitioners have therefore, filed this writ application u/Art. 226 of the Constitution of India for a writ of mandamus or any other order or direction of that nature against the State of Rajasthan, the Commissioner Devasthan Department Government of Rajasthan and the Assistant Commissioner Devasthan to refrain them from enforcing certain provisions of the Act and to declare them void being in contravention of the fundamental rights of the petitioners embodied under Arts.14, 19, 25, 26 and 31 of the Constitution of India. It is further prayed that the respondents be restrained from selling the gold and silver ornaments belonging to the said temple and advancing loans from the funds of the temple without the consent of the religious denomination. THEy have also prayed for an appropriate writ restraining the respondents from carrying out the management of the said temple and to allow the petitioners to have the management of the said temple and its continuance by them and the religious denomination according to the declaration of Smt. 1934 made by the Ruler of Udaipur State.

(3.) SECS.38 to 43 of the Act have also been held to be valid by us in that case, and we have held in this connection that ultimately it is the court of law which is to pass orders under secs. 40 and 43 of the Act and that being so there can be no question of any encroachment on the fundamental rights of the petitioners because the court is to act in accordance with law as embodied in the Constitution. When the machinery of the court is introduced for taking action in the matter there cannot arise any question of a breach of fundamental rights.