K.B. Sumodh v. Cochin Devaswom Board and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** ## **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR** **TUESDAY, THE 22[ND] DAY OF MARCH 2022 / 1ST CHAITHRA, 1944** ## **W.P.(C) NO.6551 OF 2022** ## **PETITIONER:** **K.B.SUMODH AGED 52 YEARS S/O.LATE K.V.BALAN, BALA NIVAS, CIVIL LANE, AYYANTHOLE, THRISSUR DISTRICT, PIN - 680 003. BY ADVS. I.SHEELA DEVI PRADEEP BABU P.D. B.DEEPALAKSHMI** ## **RESPONDENTS:** |**1**|**COCHIN DEVASWOM BOARD**| |---|---| ||**REPRESENTED BY ITS SECRETARY, SIVASAKTHI BUILDING,**| ||**ROUND NORTH, THRISSUR DISTRICT, PIN - 680 001.**| |**2**|**THE SPECIAL DEVASWOM COMMISSIONER**| ||**COCHIN DEVASWOM BOARD, SIVASAKTHI BUILDING,**| ||**ROUND NORTH, THRISSUR DISTRICT, PIN - 680 001.**| |**3**|**THE MANAGER**| ||**VADAKKUMNATHAN DEVASWOM, THRISSUR DISTRICT,**| ||**PIN - 680 001.**| |**4**|**T.R.HARIHARAN**| ||**SECRETARY, VADAKKUMNATHAN TEMPLE ADVISORY COMMITTEE,**| ||**VADAKKAUMNATHAN TEMPLE, THRISSUR DISTRICT,**| ||**PIN - 680 001.**| ||**BY ADV.**| ||**ROBSON PAUL**| **SRI K.P.SUDHEER-STANDING COUNSEL- COCHIN DEVASWOM BOARD** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 2 W.P.(C) No.6551 of 2022 ## **J U D G M E N T** ## Anil K. Narendran, J The petitioner, who is a devotee of Lord Mahadeva of Vadakkumnathan Temple, Thrissur, which is under the management of the 1[st] respondent Cochin Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the 1[st] respondent Board and also the 2[nd] respondent Special Devaswom Commissioner, Thrissur, not to extend the term of the Temple Advisory Committee of Vadakkumnathan Temple, for a further period of two years. The petitioner has also sought for a writ of mandamus commanding respondents 1 and 2 to conduct an election in order to elect the new members of the Temple Advisory Committee of Vadakkumnathan Temple. 2. On 28.02.2022, when this writ petition came up for admission, it was admitted on file. The learned Standing Counsel for Cochin Devaswom Board took notice for respondents 1 to 3. Urgent notice by speed post was ordered to the 4[th] respondent, who is the Secretary of Vadakkumnathan Temple Advisory Committee. The learned Standing Counsel for Cochin Devaswom 3 W.P.(C) No.6551 of 2022 Board was directed to file statement before the next posting date. 3. Heard the learned counsel for the petitioner, the learned Standing Counsel for Cochin Devaswom Board, for respondents 1 to 3, and also the learned counsel for the 4[th] respondent. 4. The legal issue that requires consideration in this writ petition is as to whether the term of the present Temple Advisory Committee of Vadakkumnathan Temple, in which the 4[th] respondent is the Secretary, can be extended further. Since the said legal issue alone is being considered, we do not propose to consider the factual issues raised in this writ petition and in the counter affidavit filed by the 4[th] respondent. 5. Section 76A of the Travancore Cochin Hindu Religious Institutions Act, 1950 deals with formation of Temple Advisory Committee. As per sub- section (1) of Section 76A, a committee for each temple in the name 'Temple Advisory Committee' (name of the Temple) may be constituted in order to ensure participation of Hindu devotees. As per sub-section (2) of Section 76A, the Temple Advisory Committee constituted under sub-section (1) may be approved by the Board. As per sub-section (3) of Section 4 W.P.(C) No.6551 of 2022 76A, the composition of an Advisory Committee under sub-section (1) shall be such as may be prescribed by rules made by the Board, not inconsistent with any practice prevailing, if any. 6. Section 122 of the Act deals with the power to make rules. As per sub-section (1) of Section 122, the Board may, with the prior approval of the Government, make rules to carry out all or any of the purposes of this Act not inconsistent therewith. As per sub-section (2) of Section 122, in particular and without prejudice to the generality of the foregoing power, the Board shall have the power to make rules with reference to the matters enumerated in clauses (a) to (g). 7. In terms of sub-section (3) of Section 76A of the Act, read with the provisions under Section 122, the Cochin Devaswom Board framed Ext.P1 Rules for the formation of Temple Advisory Committees in the temples under the Board. The draft rules have been approved by this Court, by the order dated 03.11.2011 in DBA No.153 of 2019. As per Clause (13) of Ext.P1 Rules, the term of an elected Temple Advisory Committee shall be two years from the date on which the Cochin Devaswom Board grants approval. Clause (13) of Ext.P1 Rules reads thus: 5 W.P.(C) No.6551 of 2022 ## **“ 13. കകലകവധധ** ക�ത� ഉപക�ശക സമ���യ�ട� തപവർതനക�ലവധ�, സമ���ടയ ടക�ച�ൻ ക�വസ�� ക��ർഡ� അ�ഗ"കര�ച �"യ�� മ��ൽ രണ� വർഷക�ലമ�യ�ര�ക��. എന�ൽ ച�ല വ�കസനതപവർതനങള�ട� കപര�കല�, ച�ല ഒഴ�ച�ക0��ൻ ആക�ത ച�ങ�കള�ട� കപര�കല� ഉപക�ശകസമ���യ�ട� ക�ല�വധ� പരമ�വധ� ഒര� വർഷ� ക0�� �"ർഘ�പ�ച� നൽക�വ�ൻ ക�വസ�� ക��ർഡ�ന� അധ�ക�രമ�ണ�യ�ര�ക�ന��ണ�. എന�ൽ രണ� വ�ഭ�ഗങള�ൽ ക0�� ആയ�ൽ കപ�ല�� ഉപക�ശകസമ���യ�ട� ക�ല�വധ� മ0ന� വർഷത�ൽ ക0���ൽ, �"ർഘ�പ�ച� നൽക�വ�ൻ പ���ല. ���ർചയ�യ� രണ� ഘട� ഉപക�ശകസമ���യ�ൽ ഔക�9�ഗ�ക സ�ന� വഹ�ചവർ ട��ട��ത കമ�റ�യ�ൽ ഔക�9�ഗ�ക ഭ�രവ�ഹ�കള�ക�വ�ൻ പ���ള�ല. കമ�റ� ടമമറ�യ� ���ര�ന��ന� . അർഹ�യ�ണ�യ�ര�ക�� 8. As per Clause (13) of Ext.P1 Rules, the term of office of the Temple Advisory Committee shall be two years from the date on which the Committee is approved by the Cochin Devaswom Board. However, the Devaswom Board has the power to extend the term of the Advisory Board for a maximum period of one year for the reason of certain development activities or certain unavoidable events. However, the term of the Advisory Board should not be extended beyond the period of three years, even in the case of the aforesaid two categories. Those who have held an official position on the Advisory Board for two consecutive stages should not hold any official position in the next Committee. They are eligible to continue as a member of the 6 W.P.(C) No.6551 of 2022 ## Committee. 9. As per sub-section (1) of Section 31A of the Act, a Committee for each temple in the name ‘Temple Advisory Committee’ (name of the temple) may be constituted in order to ensure participation of Hindu devotees. As per sub-section (2) of Section 31A, the Temple Advisory Committee constituted under sub-section (1) may be approved by the Board. As per sub-section (3) of Section 31A, the composition of an Advisory Committee under sub-section (1) shall be in such manner as may be prescribed by the rules made by the Board, not inconsistent with any practice, prevailing, if any. The provisions under Section 31A of the Act is in pari materia with the provisions under Section 76A. 10. In **Chandu K. and others v. Travancore Devaswom Board and others [2021 (3) KHC 379]** in the context of Section 31A of the Act, deals with the formation of the Temple Advisory Committees in Temples managed by Travancore Devaswom Board, a Division Bench of this Court held that, with the insertion of Section 31A to the Travancore Cochin Hindu Religious Institutions Act the formation of Temple Advisory Committees in temples has become statutory. In the said decision, 7 W.P.(C) No.6551 of 2022 the Division Bench noticed that, the Travancore Devaswom Board, in exercise of the rule making power under clause (a) of subsection (2) of Section 35 of the Act, has framed rules for the formation of Temple Advisory Committees in temples under Travancore Devaswom Board and this Court has approved the draft bye laws by the order dated 03.11.2011 in DBA No. 153 of 2009. Clause (11) of the Rules deals with the term of office of the Temple Advisory Committee. Thus, the term of the committees is statutorily fixed. 11. The learned Standing Counsel for Cochin Devaswom Board would submit that considering the situation prevailing in the State, on account of Covid-19 pandemic, the term of the existing Temple Advisory Committee of Vadakkumnathan Temple has already been extended for a period of 1½ years. Now the 3[rd] respondent, Manager of Vadakkumnathan Devaswom proposes to convene a general meeting of registered devotees and propose to conduct election to the Temple Advisory Committee within a period of two months. 12. Having considered the pleadings and materials on record and also the submission made by the learned counsel on 8 W.P.(C) No.6551 of 2022 both sides, this writ petition is disposed of by directing the 3[rd] respondent to convene a general meeting of the registered devotees in order to conduct election to the Temple Advisory Committee of Vadakkumnathan Temple, as per the requirements of Ext.P1 Rules, within a period of two months. It is made clear that this Court has not expressed anything as to the factual contentions raised by the petitioner and the 4[th] respondent. ## **Sd/ANIL K.NARENDRAN JUDGE** **Sd/-** **P.G. AJITHKUMAR JUDGE** PV 9 W.P.(C) No.6551 of 2022 ## **APPENDIX OF WP(C) 6551/2022** |**PETITIONER'S EXHIBITS**|**PETITIONER'S EXHIBITS**| |---|---| |**Exhibit P1**|**TRUE COPY OF THE BYLAW OF THE COCHIN**| ||**DEVASWOM BOARD IN RESPECT OF CONSTITUTING**| ||**FOR KSHETHRA UPADESAKA SAMITHIS.**| |**RESPONDENTS' EXHIBITS**|| |**Exhibit R4(a)**|**THE TRUE COPY OF THE JUDGMENT OF**| ||**C.C.118/2003 BEFORE THE CHIEF JUDICIAL**| ||**COURT, THRISSUR**|