Paragraphs 46 to 50 of the SC Judgement (Full judgement at http://bharatkalyan97.blogspot.in/2014/01/hindu-temples-freed-from-government.html)
46. Be that as it may, the case is required to be considered in light of the submissions made on behalf of the State of Tamil Nadu and particularly in view of the written submissions filed on behalf of the State.
47. Even if the management of a temple is taken over to remedy the evil, the management must be handed over to the person concerned immediately after the evil stands remedied. Continuation thereafter would tantamount to usurpation of their proprietary rights or violation of the fundamental rights guaranteed by the Constitution in favour of the persons deprived. Therefore, taking over of the management in such circumstances must be for a limited period. Thus,such expropriatory order requires to be considered strictly as it infringes fundamental rights of the citizens and would amount to divesting them of their legitimate rights to manage and administer the temple for an indefinite period. We are of the view that the impugned order is liable to be set aside for failure to prescribe the duration
for which it will be in force.
Super-session of rights of administration cannot be of a permanent enduring nature. Its life has to be reasonably fixed so as to be co- terminus with the removal of the consequences of maladministration.
The reason is that the objective to take over the management and administration is not the removal and replacement of the existing administration but to rectify and stump out the consequences of maladministration. Power to regulate does not mean power to supersede the administration for indefinite period.
Regulate is defined as to direct; to direct by rule or restriction; to direct or manage according to the certain standards, to restrain or restrict. The word `regulate’ is difficult to define as having any precise meaning. It is a word of broad import, having a broad meaning and may be very comprehensive in scope. Thus, it may mean to control or to subject to governing principles. Regulate has different set of meaning and must take its colour from the context in which it is used having regard to the purpose and object of the legislation. The word `regulate’ is elastic enough to include issuance of directions etc. (Vide: K. Ramanathan v. State of Tamil Nadu & Anr.,AIR 1985 SC 660; and Balmer Lawrie & Company Limited & Ors. Partha
Sarathi Sen Roy & Ors., (2013) 8 SCC 345)
48. Even otherwise it is not permissible for the State/Statutory Authorities to supersede the administration by adopting any oblique/circuitous method. In Sant Lal Gupta & Ors. v.Modern Coop. Group Housing Society Ltd. & Ors., (2010) 13 SCC 336,
this Court held:
“It is a settled proposition of law that what cannot be done directly, is not permissible to be done obliquely, meaning thereby, whatever is prohibited by law to be done, cannot legally be effected by an indirect and circuitous contrivance on the principle of “quando aliquid prohibetur, prohibetur et omne per quod devenitur ad illud”. An authority cannot be permittedto evade a law by “shift or contrivance”.”
(See also: Jagir Singh v. Ranbir Singh, AIR 1979 SC 381; A.P. Diary Dev. Corporation federation v. B. Narsimha Reddy & Ors. AIR 2011 SC 3298; and State of Tamil Nadu & Ors. v. K. Shyam Sunder & Ors. AIR 2011 SC 3470).
49. We would also like to bring on the record that various instances whereby acts of mismanagement/maladministration/
misappropriation alleged to have been committed by Podhu Dikshitars have been brought to our notice. We have not gone into those issues since we have come to the conclusion that the power under the Act 1959 for appointment of an Executive Officer could not have been exercised in the absence of any prescription of circumstances/ conditions in which such an appointment may be made. More so, the order of appointment of the Executive Officer does not disclose as for what reasons and under what circumstances his appointment was necessitated.
Even otherwise, the order in which no period of its operation is prescribed, is not sustainable being ex facie arbitrary, illegal and unjust.
50. Thus, the appeals are allowed. Judgments/orders impugned are set aside. There shall be no order as to costs.
Further comments:
Hon’ble Supreme Court has held that any take over of a temple administration by the Government, by an Order of appointment of an Executive Officer, which Order does not disclose the period of validity of the order, is arbitrary, illegal and unjust.
This is a rule of law clarified by SC defining the limited powes of any Govt. to take over temple administration will be rendered arbitrary, illegal and unjust if a limited time period of take over is not specified.
Thus, this general principle of law enunciated by SC should apply to all temples in all states in the territory of India now under Govt. administration.
In particular, a letter on the lines of Dr. Swamy’s letter is in order to all Governments and in particular to Govts of Kerala, Andhra Pradesh, Karnataka, Maharashtra, Orissa, Madhya Pradesh, Uttar Pradesh and to the Pondicherry Administration.
Kalyanaraman
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At the time of formation of the State of Andhra Pradesh in 1956, there were two enactments for administering the Hindu Religious and Charitable Institutions viz., The Madras Act 19/1951 for Andhra area and the Hyderabad Endowments Regulations 1939 for Telangana area. With a view to have a uniform law throughout the State, the Government of Andhra Pradesh has enacted a new Endowments Act in 1966.
Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966
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NTS DEPARTMENT
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To administer Hindu Temples, Mutts, Peetams and other Charitable Institutions and Endowments | |
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To ensure proper administration of these institutions and appropriating their income for which they were established. | |
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To protect the properties of Hindu temples and other charitable Institutions. | |