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WP Nos.38807-38815/2013 (GM-R/C)

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WP Nos.38807-38815/2013 (GM-R/C) - 1 - WP Nos.38807-38815/2013 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 13 TH DAY OF MARCH 2014 BEFORE THE HON’BLE MR.JUSTICE S.ABDUL NAZEER WP Nos.38807-38815/2013 (GM-R/C) BETWEEN 1. SRI K RAMACHANDRA HEBBAR S/O LATE NARAYANA HEBBAR AGED ABOUT 55 YEARS MANAGING TRUSTEE VYAVASTAPANA SAMITHI SRI MAHARAJA SWAMY VARAHA DEVASTANA MARAVANTHE R/A KURU NADA VILLAGE KUNDAPURA TALUK UDUPI DISTRICT-576201. 2. SRI PRABHAKAR MOVADI S/O NAGI AGED ABOUT 27 YEARS MEMBER OF COMMITTEE MANAGEMENT OF SRI MAHARAJA SWAMY VARAHA DEVASTANA MARAVANTHE R/A THRASI VILLAGE KUNDAPURA TALUK UDUPI DISTRICT-576201. 3. SMT ACHARYA D/O RAMACHANDRA ACHARYA AGED ABOUT 28 YEARS MEMBER OF COMMITTEE MANAGEMENT OF SRI MAHARAJA SWAMY VARAHA DEVASTANA MARAVANTHE R/A SEETHALAKSHMI NILAYA CHITTARI, MARAVANTHE POST KUNDAPURA TALUK UDUPI DISTRICT-576201. 4. SMT GULABI MOGAVEERA W/O PANDU MOGAVEERA - 2 - WP Nos.38807-38815/2013 AGED ABOUT 29 YEARS MEMBER OF COMMITTEE MANAGEMENT OF SRI MAHARAJA SWAMY VARAHA DEVASTANA MARAVANTHE R/A SRI SATHYANARAYANA NILAYA THRASI POST KUNDAPURA TALK UDUPI DISTRICT-576201. 5. SRI NARASIMHA KHARVI S/O MUDARA KHARVI AGED ABOUT 44 YEARS MEMBER OF COMMITTEE MANAGEMENT OF SRI MAHARAJA SWAMY VARAHA DEVASTANA MARAVANTHE R/A GOVEKANNANA MANE MARAVANTHE POST KUNDAPURA TALUK UDUPI DISTRICT-576201. 6. DR M RATHNAKARA HEBBAR S/O M M HEBBAR AGED ABOUT 56 YEARS MEMBER OF COMMITTEE MANAGEMENT OF SRI MAHARAJA SWAMY VARAHA DEVASTANA MARAVANTHE R/A PATELARA MANE MARAVANTHE POST KUNDAPURA TALUK UDUPI DISTRICT-576201. 7. SRI RAMADAS S/O SUBRAYA KHARVI AGED ABOUT 28 YEARS MEMBER OF COMMITTEE MANAGEMENT OF SRI MAHARAJA SWAMY VARAHA DEVASTANA MARAVANTHE R/AT MAHAKALI KRUPA KANCHIGODU THRASI POST KUNDAPURA TALUK UDUPI DISTRICT-576201. 8. SRI K SREEDHAR KHARVI S/O RAMA KHARVI AGED ABOUT 32 YEARS MEMBER OF COMMITTEE MANAGEMENT OF - 3 - WP Nos.38807-38815/2013 SRI MAHARAJA SWAMY VARAHA DEVASTANA MARAVANTHE R/AT KATHANAMANE POST MARAVANTHE KUNDAPURA TALUK UDUPI DISTRICT-576201. 9. SRI P NARASIMHA ADIGA S/O RAMACHANDRA ADIGA AGED ABOUT 42 YEARS ARCHAK, MEMBER OF COMMITTEE MANAGEMENT OF SRI MAHARAJA SWAMY VARAHA DEVASTANA MARAVANTHE R/AT THRASI POST KUNDAPURA TALUK UDUPI DISTRICT-576201. ... PETITIONERS (BY SRI H PAVANA CHANDRA SHETTY, ADVOCATE) AND 1. ZILLA DHARMIKA PARISHATH AND DEPUTY COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT UDUPI DISTRICT-576201. ... RESPONDENT (BY SRI B S SACHIN, ADVOCATE) THESE WPs ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER AT ANN-A DATED 22.8.2013 PASSED BY THE RESPONDENT. THESE WPs COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING: - 4 - WP Nos.38807-38815/2013 O R D E R The petitioners were appointed as the members of the Managing Committee of Sri Maharaja Swamy Varaha Devastana, Maravanthe, at Udupi District by the Zilla Dharmika Parishat, Udupi District, under Section 25 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 (‘the Act’ for short). The respondent passed an order at Annexure ‘A’ dated 22.8.2013 dissolving the Committee of Management of the aforesaid temple. The petitioners have called in question the validity of the said order in these writ petitions. 2. Learned Counsel for the petitioners would contend that the petitioners were appointed by the Zilla Dharmika Parishat as the members of the Committee of Management of the temple. The Committee has been managing the affairs of the temple without any blemish. The respondent has dissolved the Committee without assigning any reason and without holding an enquiry as provided under Section 28 of the Act . - 5 - WP Nos.38807-38815/2013 3. On the other hand, learned Counsel appearing for the respondent submits that the term of the members of the Managing Committee is subject to the pleasure of the Zilla Dharmika Parishat or for a period of three years, whichever is earlier unless in the meantime, the Committee is dissolved or has ceased to function. In support of his contention, he has drawn my attention to Section 26 of the Act. Since they were holding the office at the pleasure of the Zilla Dharmika Parishat, the question of holding an enquiry contemplated under section 28 of the Act does not arise. 4. I have carefully considered the arguments of the learned Counsel made at the Bar and perused the materials placed on record. 5. Section 25 of the Act authorizes the Zilla Dharmika Parishat to constitute the Committee of Management of the temple. Section 26 of the Act provides for term of office of the Committee of Management and election of Chairman. Sub-section (1) of section 26 of the Act states that subject to the pleasure of the Rajya Dharmika Parishat or Zilla Dharmika Parishat as the case may be, members shall hold office for a term of three years unless in the meanwhile the Committee is dissolved or has ceased to function. - 6 - WP Nos.38807-38815/2013 6. It is clear from this provision that a member of the committee has to hold the office subject to the pleasure of the Zilla Dharmika Parishat or for a period of three years whichever is earlier unless the Committee is dissolved or ceases to function in the meanwhile. 7. A perusal of the order impugned makes it clear that the petitioners have not been terminated from the membership of the Committee. The Committee of Management itself has been dissolved. Section 28 of the Act states that Rajya Dharmika Parishat or Zilla Dharmika Parishat as the case may be, shall have power to dissolve a Committee of Management including a member or hereditary trustee, if after holding an enquiry in accordance with sub-section (2), it is satisfied that the committee has failed to discharge the duties or perform the function in accordance with the provisions of the Act or the Rules made thereunder or disobeyed any lawful orders issued under the provisions of the Act or the Rules made thereunder by the State Government or the Commissioner, Deputy Commissioner or Assistant Commissioner or committed any malfeasance or misfeasance or is guilty of breach of trust or misappropriation in respect of the properties of the institution or endowment. - 7 - WP Nos.38807-38815/2013 8. In the instant case, it is not the case of the respondent that the Committee of Management has failed to discharge its duties or disobeyed the lawful orders or committed malfeasance, misfeasance, etc., It has dissolved the committee without assigning any reasons. It is also clear that no enquiry has been held in accordance with sub-section (2) of Section 28 of the Act . Thus, the impugned order has been passed in violation of section 28 of the Act . 9. In the result, the writ petitions succeed and are accordingly allowed. The order passed by the respondent at Annexure ‘A’ dated 22.8.2013 is hereby quashed. It is hereby clarified that this order will not preclude the respondent from taking action against the members of the Committee in accordance with law. No costs. Sd/- JUDGE Yn. .
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