Daijiworld Media Network - Mangalore (SP)

Mangalore, Sep 26: The vacation bench of the state High Court has, on Friday September 25, stayed the operation of the order of the government dated August 31 this year, appointing an administrative officer(AO) for managing the affairs of Kadri Sri Manjunatheshwara temple in the city. Several such petitions are in the pipeline. The present imbroglio has arisen because of the fact that the Supreme Court has stayed section 25 of Karnataka Hindu Religious Institutions and Charitable Endowments Act 1997 with effect from July 31 this year. This section empowers the government to take over the management of temples. Earlier, the High Court had held the entire act stated above, as unconstitutional.

Justice A S Bopanna issued the stay, in response to a petition filed by the temple trustee Harinath Jogi and others, questioning the maintainability of the said government order.

Senior counsel Jayakumar, appearing for the petitioners, argued before the High Court that the government order taking over the management of the temple is not tenable, as the Supreme Court has already stayed the Act that empowers the government to take such steps. The argument found favour with the High Court vacation bench.

It may be recalled, that Kollur Sri Mookambika Temple management too is embroiled in a legal controversy. After the expiry of the term of the previous governing council, a new council was appointed as per the recommendations of the Chief Minister, through an order dated July 27 this year. A single-judge bench of the High Court, which considered a petition filed by former trustee of the temple, Harikrishna Punaroor and others, who contended that the appointments were made by taking into political considerations and that people facing criminal charges and Lokayukta investigations were included in the council, to the detriment of other interested persons, many of whom fully conform to the eligibility criteria. The stay has now been questioned through a divisional bench of the High court.

As per law, the present governing councils can not continue in office. At the same time, the government is not in a position to form new governing councils, as the Supreme Court has stayed the relevant section of the state Act. The applicants therefore, have prayed the High Court to permit continuance of the present councils before a final decision is taken. The hearing in the case has been adjourned.