Padmanabha Swamy Temple : SC Delegates Powers Of "Ruler Of Travancore" To Administrative Committee As Suggested By Ex-Royal Family

While upholding the rights of the erstwhile Royal Family of Travancore as the shebait of Sree Padmanabha Swamy temple at Thiruvananthapuram, the Supreme Court also directed that the powers of 'the Ruler of Travancore' under the Travancore-Cochin Hindu Religious Institutions Act (TC Act) with respect to temple administration be delegated to the Administrative Committee constituted by the court.Notably, the proposals regarding the Administrative Committee and the delegation of powers to it came from the family itself.On November 6, 2014, the appellants in the Supreme Court (legal heirs of Marthanda Varma), submitted a note regarding the constitution of an "Administrative Committee" and an "Advisory Committee".The note stated that the "Ruler of Travancore" shall "delegate his powers of administration under Section 18(2) of the TC Act to an Administrative Committee which shall administer the Temple through an Executive Officer to be appointed by the Committee".The family suggested the following composition for Administrative Committee: a retired Indian Administrative Service Officer of the rank of Secretary to Government of Kerala ("the State Government") to be nominated by the Trustee in consultation with Government of Kerala who shall be the Chairperson of the Committee; one member nominated by the trustee(Travancore family); one member nominated by the Government of Kerala; one member nominated by the Ministry of Culture, Government of India; and the Chief Thantri of the temple.An Advisory Committee was also suggested with the following composition :A retired High Court Judge who shall be nominated by the Chief Justice of the Kerala High Court and who shall be the Chairperson of the Committee.One eminent person to be nominated by the Trustee;A reputed chartered Accountant to be nominated by the Chairperson in consultation with the Trustee.The SC bench comprising Justices U U Lalit and Indu Malhotra accepted the suggestions given by the erstwhile Royal Family with regard to the constitution of the Administrative Committee and the Advisory Committee to administer and manage the Sree Padmanabhaswamy Temple. The Court termed that the course suggested by the Family "quite balanced and broad based" and "not be loaded in favour or against the Trustee" when compared to the scheme of administration contemplated in the TC Act."As against the administration contemplated by Chapter III of Part I of the TC Act in the hands of the Ruler of Travancore in absolute terms, the course now suggested by the appellants is quite balanced", the bench observed.As per Section 18(1) of the TC Act, the administration of the temple, its properties and funds vested in trust in the 'Ruler of Travancore'. Under Section 18(2), the administration should be conducted "Subject to the control and supervision of the Ruler of Travancore, by an Executive Officer appointed by him." Also, "Sree Padmanabhaswamy Temple Committee" composed of three members nominated by the Ruler of Travancore in terms of Section 20 is to advise the Ruler of Travancore in the discharge of his functions.However, the Court suggested a modification - instead of IAS officer in the rank of Government Secretray to be nominated by the family, the Court said that the District Judge, Thiruvananthapuram should be the Chairperson of the Committee.The Court also ordered that the powers of the "Ruler of Travancore" under Section 18(2) will stand delegated to the Administrative Committee. In this regard, the court said: "We, therefore, accept the suggestions made by the appellants in their Note adverted to in detail in paragraph 47 hereinabove with regard to the constitution of the Administrative Committee and the Advisory Committee subject to the modification with respect to the Chairperson of the Administrative Committee as stated in the preceding paragraph" In terms of the Note submitted by the appellants the powers of "the Ruler of Travancore" under Section 18(2) of the TC Act shall stand delegated to the Administrative Committee while the Advisory Committee shall be deemed to be the Committee constituted in terms of Section 20 of the TC Act. It is made clear that all the members including the Chairpersons of the Administrative Committee and the Advisory Committee must be Hindus and fulfil the requirements in Section 2(aa) of the TC Act. So the Administrative Committee, as directed by the Supreme Court, will contain the following membersDistrict Judge, ThiruvananthapuramOne member nominated by the trustee; One member nominated by the Government of Kerala; One member nominated by the Ministry of Culture, Government of India; and Chief Thantri of the temple.The Court also clarified that all the members including the Chairpersons of the Administrative Committee and the Advisory Committee must be Hindus and fulfil the requirements in Section 2(aa) of the TC Act. The Court also, taking into account the specific submission made by the Family, said that they shall not ...

Padmanabha Swamy Temple : SC Delegates Powers Of "Ruler Of Travancore" To Administrative Committee As Suggested By Ex-Royal Family

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Padmanabha Swamy Temple : SC Delegates Powers Of "Ruler Of Travancore" To Administrative Committee As Suggested By Ex-Royal Family

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