Riju Prasad Sarma Etc.Etc vs State Of Assam & Ors

It is necessary to have a look at the nature of the three writ petitions decided by the learned single judge. But before that it will be useful to notice the background facts which led to those writ petitions. The appellants have, in one of their written submissions, furnished the introduction, it reads as follows:-

18. The Board as defined under the Regulation means the general Board of members of Kamakhya Debutter or the Kamakhya Temple Trust Board constituted under the Regulation. The regulation also ordained that the Board shall be the head of the institution for the purpose of Section 2(d) of the Act. Doloi of the Kamakhya Temple as per Regulation means the person elected by the brahamin shabaits and not only by Bordeori Samaj. The regulation vests women also with the right to vote but not the right to contest for the post of Doloi because the Doloi is the head priest or poojari. Though the Debutter regulation and the Board contemplated therein claimed their existence from 1998 but according to the list of dates and events given by the appellants in the course of arguments and from the list of dates filed as a document in the course of arguments on behalf of the State of Assam, it appears that when the two elected Dolois did not hold the elections even after the expiry of their term of five years, Bordeori Samaj approached the district Judge Kamrup for holding of elections. Before the District Judge an attempt was made by other shebiats to include themselves in the list of voters for electing the Dolois but their claim was rejected by the District Judge by an order passed on 12.6.1998. By another order dated 21.10.1998, the District Judge Kamrup, Guwahati in file No.D9/ K/KT/6/95 maintained in connection with Kamakhya temple, disposed of the petition filed by Bordeori samaj of the Kamakhya temple seeking election of the managing Committee of Kamakhya temple against which the then Dolois and some others had filed objections.

19. In that Order the District Judge has noted that there was a defacto Managing Committee described as “the present Managing Committee” supported by the then two dolois who took the stand that there was no scheme of holding election nor there was any term of office of managing committee fixed in Constitution. Such defacto Committee also challenged the jurisdiction of the District Judge to impose any election. The District Judge was not impressed with zerox copy of the so-called Constitution which as per arguments was of the year 1970-1971 and after perusing the judgment and decree rendered by the Civil Court long back, the District Judge found that the shebaits had not been given any power of voting in the election of Dolois and their prayer to include them in the voters list had already been rejected on 12.6.1998 but even thereafter the present committee had filed a Constitution wherein Shebiats had been included as voters. The District Judge therefore, did not accept the Constitution as a valid document. On the issue of jurisdiction of the District Judge, the order reveals that the entire records relating to the management of the Kamakhya temple disclosed that earlier also on many occasions the Managing Committee of even those very persons who had challenged the jurisdiction of the District Judge had accepted notices and directions regarding proper management of the temple without raising any challenge to the exercise of such power by the District Judge. Since the District Judge noticed that there was a Public Interest Litigation pending before the Guwahati High Court, hence instead of ordering for election of Dolois he directed to get a Committee formed through the Deputy Commissioner, Kamrup, Guwahati under Section 25A of the Act by dissolving the present committee or to form an ad-hoc Committee from amongst the Bordeori Samaj till regular election is held after disposal of Public Interest Litigation.

21. In the light of above noted Division Bench judgment the Deputy Commissioner issued an order dated 15.9.2000 in which he also took notice of some other judgments including one by the High Court in PIL No.35 of 1997 decided on 12.1.2000 and ordered for immediate dissolution of the then Managing Committee of Kamakhya Devalaya headed by the then two Dolois whose tenure was noted to have expired. They were directed to hand over charge of office to the Deputy Commissioner, Kamrup, Guwahati within three days. Further, to look after the management of the Kamakhya Temple, an ad-hoc Managing Committee of six members along with Deputy Commissioner as Chairman was also ordered. It was clarified that the ad-hoc Managing Committee will look after the management of the Kamakhya Devalaya till regular election is held or till the constitution of Managing Committee as per Section 25A of the Act, for which a period of one month only was indicated. The appellants challenged that order by filing a writ petition in September 2000 itself bearing W.P.(C)No.5385 of 2000 before the High Court. By an order dated 25.9.2000, a learned Single Judge issued rule and stayed the operation of order dated 15.9.2000. However an interim arrangement was made by ordering that the Deputy Commissioner or his nominee shall discharge the functions of the Managing Committee to be constituted under Section 25A, till it is constituted. It was also clarified that in respect of religious functions, status quo shall be maintained. Against the same very order dated 15.9.2000 another writ petition bearing W.P.(C)No.6184 of 2000 was preferred by Sri Kamal Chandra Sarma, a member of the Kamakhya Debutter Board and Sri Paran Chandra Sarma, one of the then Dolois. In this writ petition also similar interim order was made.

32. Having taken note of the background facts and expressed our views on merits of the Appeals, now we shall take note of some interim orders passed by this Court after the Division Bench judgment dated 25.10.2011 came under challenge through Special Leave Petitions filed in 2011 itself. This is necessary to understand the real controversy between the parties in the three writ petitions which have been preferred directly before this Court. In the SLP preferred by the appellants, an order was passed on 11.11.2011 to direct that the interim arrangement made by the High Court vide order dated 13.5.2002 shall remain operative. As a consequence the official respondents continued under an obligation not to use the main Bharal and the existing office of Kamakhya Debutter Board and not to interfere with the religious affairs of the temple. In view of twin directions by the Division Bench in the impugned order, to hold elections of Dolois as per custom and to hold elections for constituting the Committee under Section 25A of the Act, the State Authorities issued a notice for election of Doloies and that election was held on 16.11.2011. On 21.11.2011 further interim order was passed by this Court for framing of rules for election of members of Managing Committee as per Section 25A of the Act and also for holding of such elections. It was clarified that till the Managing Committee is constituted the administration of the temple will be as per order of the High Court dated 13.5.2002. No interference was made with the elections of Dolois held on 16.11.2011 and hence the elected Dolois were left with the power to carry out all religious functions of the temple. It was also observed that any challenge to the validity of the Rules for constitution of the Managing Committee under Section 25A could be raised before this Court. On 3rd February, 2012 this Court by another interim order directed Deputy Commissioner to take control of precious articles belonging to the deity and prepare an inventory. The Dolois were permitted to perform worship but the office complex was directed to be handed over to the Kamakhya Debutter Board and such arrangement was to remain operative until the constitution of Managing Committee under Section 25A. Admittedly, the said Committee has not been constituted as yet because the rules framed for the purpose and notified on 27.1.2012 have been challenged before this Court in Writ Petition No. 72 of 2012 as well as in Writ Petition No.91 of 2012. The other writ petition bearing No.140 of 2012 filed by Sailen Sharma, petitioner of Writ Petition No. 72 of 2012 seeks to challenge the election of Dolois as well as the legality of the electoral college prepared for that election, mainly on the ground that women Bordeories and other Deuris, both male and female, were wrongly excluded from the same. We shall first take up the challenge to the Rules framed under Section 25A of the Act, i.e. Writ Petition Nos. 72 and 91 of 2012.

(a) to establish and maintain institutions for religious and charitable purposes;

(c) to own and acquire movable and immovable property; and

(d) to administer such property in accordance with law.”

65. The writ petitions are, therefore, liable to be dismissed for want of merits. In some of the Writ Petitions, there is a prayer to accord a narrow scope to Section 25A of the Act and powers of the Managing Committee contemplated thereunder. Since that relief has already been granted in the Appeals, the same does not require fresh consideration. With this clarification the writ petitions are dismissed.

66. Since the Debutter Board is occupying some part of the premises in the temple of Sri Sri Maa Kamakhya temple on account of interim orders of this court, all those interim orders are now vacated. The District administration is directed to ensure that those premises are vacated by the members or representatives of the Debutter Board at the earliest and in any case within four weeks. The premises and other properties of Sri Sri Maa Kamakhya Temple shall, if required, be placed back within the same time in possession of the Bordeories Samaj through the last elected Dolois against receipts which shall be retained in the office of Deputy Commissioner, Guwahati. The parties representing the Debutter board are also directed to hand over the vacant and peaceful possession of the concerned premises and other properties of the temple, if any, within four weeks. There shall be no order as to costs.

67. Before parting with the order we would like to direct in the larger interest of Justice, that like in the past if there is any need of mediation or intervention of an authority for election of Dolois at five years interval etc. or for smooth functioning of affairs of the Sri Sri Maa Kamakhya Devalaya, the concerned affected parties can approach the District Judge, Kamrup, Guwahati who shall try and settle such disputes as in the past, till a specific law is enacted for this purpose. In such matters the decisions of the District Judge shall be of course subject to supervisory writ jurisdiction of the High Court.

July 07, 2015.

Date : 07/07/2015 These appeals/Petitions were called on for Judgment today.

For the parties: Mr. Arunabh Chowdhury, Adv.

Mr. Parthiv Goswami, Adv.

Mr. Vaibhav Tomar, Adv.

Mr. Karma Dorjee, Adv.

Mr. Anupam Lal Das,Adv.

Mr. Vikash Singh,Adv.

Mr. Hrishikesh Baruah,Adv.

Mr. Rameshwar Prasad Goyal,Adv.

M/s Corporate Law Group,Adv.

Mr. Ajay Bansal, Adv.

Mr. Gaurav Yadava, Adv.

Mr. Ansar Ahmad Chaudhary,Adv.

Mr. Puneet Taneja,Adv.

Hon'ble Mr. Justice Shiva Kirti Singh pronounced the Judgment of the Bench comprising Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla and His Lordship.

Delay condoned.

The Civil Appeals, Writ Petitions and the Special Leave Petitions are dismissed.