Substandard Pooja Items Sold In Temple Premises: Kerala High Court Says Temple Advisory Committee Bound To Keep Constant Vigil

The Kerala High Court on Friday held that the Temple Advisory Committee constituted under Section 31A of the Travancore-Cochin Hindu Religious Institutions Act is bound to keep constant vigil over the sale of vazhipadu (pooja items) in the stalls on the temple premises, to ensure that the Kuthaka holder (successful bidder) is not selling any substandard pooja items to devotees.

A Division Bench of Justice Anil K. Narendran and Justice P.G Ajithkumar held that a ritual or pooja in the temple has to be performed by using pure pooja items while disposing of a suo motu matter initiated based on a news item that reported serious irregularities in the sale of Vazhipadu items in Vaikom Sree Mahadeva Temple, particularly in the sale of 'Koovalamala'. 

"A Koovalamala (garland) made of stale or dry or decayed Koovala leaves cannot be used for adorning the Deity. A Kuthaka holder selling Koovalamala made of stale or dry or decayed Koovala leaves or selling substandard Vazhipadu/pooja items to the devotees should be dealt with iron hands by the competent authority in the Travancore Devaswom Board. The Temple Advisory Committee constituted under Section 31A of the Travancore-Cochin Hindu Religious Institutions Act should keep constant vigil over the sale of Vazhipadu/pooja items in the pooja stall situated within the temple premises, in order to ensure that the Kuthaka holder is not selling any substandard Vazhipadu/pooja items to the devotees."

The Court also held that the Committee is duty-bound to render necessary assistance to the Travancore Devaswom Board to perform its functions under Section 15A, which includes the following: 

1) to see that regular traditional rites and ceremonies according to the practice prevalent in the temple are performed promptly;

2) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly;

3) to establish and maintain proper facilities in the temple for the devotees.

This is apart from the duty to maintain a constant vigil over the sale of pooja items in the Temple to ensure that no substandard Vazhipadu items are sold by the Kuthaka holder to the devotees from the pooja stall situated within the temple premises.

Koovalam (bael tree) is considered to be very auspicious and sacred, since offering bael leaves is a compulsory ritual while worshipping Lord Shiva. Its trifoliate leaf is believed to symbolise the three functions of the Lord - creation, preservation and destruction. The trifoliate shape of the leaves signifies the third eye of Lord Shiva. 

The additional 8th respondent was the successful bidder and thereby the Kuthaka holder to supply Vazhipadu items and garlands in Vaikom Sree Mahadeva Temple. As per the news report, the Vazhipadu items and 'Koovalamala' supplied from the stall conducted by the additional 8th respondent are sub-standard. the video clipping and also the screenshots, the Koovalamalas sold to the devotees by the Kuthaka holder had dry leaves.

The Court noted that this fact was overlooked by the Administrative Officer and that it is a serious lapse on his part. Similarly, it was observed that the Devaswom employees connected with religious rites were duty-bound to inform such irregularities to the Administrative Officer at the appropriate time so he could take necessary action against the responsible person. 

"When the duty of the Travancore Devaswom Board, as per Section 15A includes the duty to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly, the Administrative Officer and other administrative officials and employees of Vaikom Sree Mahadeva Temple, including those connected with religious rites, have a statutory duty to ensure that no sub-standard Vazhipadu items are supplied to the devotees by the successful bidder."

In this context, it was held that the Temple Advisory Committee of Vaikom Sree Mahadeva Temple, consisting of 'persons interested' in the said temple, also has a statutory duty to ensure that no sub-standard items are supplied to the devotees by successful bidders.

Therefore, it was held that there was a dereliction of duty on the part of the concerned officials of the Devaswom Board.

"The Board, being a trustee in the management of Devaswom properties, is legally bound to perform its duties with utmost care and caution."

The Devaswom Commissioner or the competent authority of the Board was directed to consider the explanation offered by the Kuthaka holder and the erring officers take an appropriate decision on the action that has to be taken against them after affording them a reasonable opportunity of being heard.

A decision in this regard was to be taken, strictly in accordance with law within a period of one month. 

Meanwhile, the Administrative Officer informed the Court that, as directed by the Devaswom Commissioner, necessary arrangements have been made for the sale of garlands in Vaikom Sree Mahadeva Temple directly by the Department. The bench held that such arrangement may continue in case the Kuthaka right for the year 2022-23 has not already been auctioned, till it is auctioned in accordance with the tender conditions.

Case Title: Suo Motu v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 190

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