Supreme Court Issues Directions For Better Administration Of Gokarna Temple Committee Headed By Justice BN Srikrishna

The Supreme Court on July 29 issued directions to improve the administration of the oversight committee of the Gokarna -Mahabaleshwar temple headed by Retired Justice BN Srikrishna. The Court ordered the grant of a 'casting vote' to Justice Srikrishna for making settled decisions in the running of the temple. The Court had in 2021 handed over the management of Gokarna Mahabaleshwar temple to an oversight committee headed by former Supreme Court judge Justice BN Srikrishna.The present directions come as a consequence of the issues highlighted by Justice Srikrishna in his report dated August 22, 2023, and June 2, 2024. The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra took note of the problems in the committee's functioning, including a lack of clear rules and opposing groups causing delays."In the absence of rules of procedure for the conduct of the business of the Committee, the work of the Committee has been stymied, with the result that the Chairperson has not been able to take concrete decisions to facilitate the administration of the affairs of the temple. It would appear that there are opposing groups which have led to an impasse in the administration." "We are of the view that the situation on the ground as reflected in the report of the Chairperson needs to be remedied at the earliest. Above all, the parties must be mindful of the fact that Gokarna Mahabaleshwara Temple is a temple of antiquity dating back to the eighth century and all steps for the proper conduct of worship and religious observances should be taken in accordance with the traditions."To address these issues, the court has issued new directions:1. The District Judge of Karwar will join the committee as Vice Chairperson. He can nominate an Additional District Judge(ADJ) in his place if needed; the ADJ so included should not be seized of any civil matter relating to the Trust or temple;2. The Chairperson and Vice Chairperson will create rules of procedure for how the committee works; 3. The Vice Chairperson can make urgent decisions and promptly report the same to the Chairperson;4. The Chairperson will have the final say in the form of a 'casting vote' in committee decisions. Other committee members will act as advisors without any veto power over the decision of the Chairperson or Vice Chairperson. The Chairperson and Vice Chairperson shall respect the customs of the Temple while taking crucial decisions and seek inputs from Upadivantas if they wish to;6. The Karnataka government can replace the four private members it nominated earlier, after consulting the Chairperson; the new nominees shall be eligible as per the Top Court's 2021 order.The Court stressed the importance of respecting the temple's ancient traditions and customs in all decisions. The Gokarna Mahabaleshwar temple, dating back to the 8th century, is a site of great religious and historical significance."(i) The District Judge, Karwar shall stand inducted as a member of the Committee constituted by the order dated 19 April 2021. The District Judge may, if the exigencies of his work so require, nominate in his place a judicial officer not below the rank of Additional District Judge to aid and assist the Chairperson of the Committee. The Additional District Judge to be inducted should be an officer who is not dealing with any civil matter pertaining to the Trust or the temple;(ii) The District Judge or his nominee shall be the Vice Chairperson of the Committee and it would be open to the Chairperson to authorise him to take emergent decisions with the concurrence of the Chairperson;(iii) The Chairperson and the Vice Chairperson shall together formulate rules of procedure governing the conduct of the affairs of the Committee;(iv) Where the Vice Chairperson is authorized to take appropriate decisions in the absence of the Chairperson, he shall promptly report any decision taken to the Chairperson;(v) The Chairperson shall have a casting vote in the affairs of the Committee. All the members of the Committee other than the Chairperson or the Vice Chairperson, shall perform advisory roles and shall not have a veto over the decisions which are taken by the Chairperson and the Vice Chairperson. In taking all appropriate decisions in the interest of the affairs of the Trust and the temple, the Chairperson and the Vice Chairperson shall have due regard to age old customs and traditions and will be at liberty to seek inputs from the upadivantas and any other eminent persons whom they may wish to consult; and(vi) The Government of Karnataka shall, notwithstanding any order of any other court, be at liberty to substitute four private members nominated in pursuance of the order dated 19 April 2021, by nominating new persons in their place. The State government shall however do so in consultation with the Chairperson of the Committee. The persons to be nominated as private members shall fulfill the qualifications as set out in the earlier order...

Supreme Court Issues Directions For Better Administration Of Gokarna Temple Committee Headed By Justice BN Srikrishna

Anmol Kaur Bawa

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