Temple officials told not to take policy decisions

A Division Bench of the Kerala High Court has restrained office-bearers of the Chottanikkara Kshetra Upadeshaka Samiti (temple advisory committee) from taking policy decisions including financial aspects of the Chottanikkara Devaswom.

The order was passed by the court on a petition filed by Rajesh of Chottanikkara.

The petitioner had contended that the selection of office-bearers of the temple advisory committee was contrary to the provisions of the bylaw framed for the purpose and also against the judgments of the Kerala High Court. The bylaw says that the maximum tenure of the committee was two years which was extendable by a year more, the petitioner said.

It was also stipulated that those who were office-bearers of the committee for two consecutive terms could not hold any office further, though they could continue as members of the committee, he submitted. The court declined to accept the arguments of the standing counsel of the Travancore Devaswom Board that the provisions in the bylaw were not applicable in the present case as the respondents were holding office for the first time following an election conducted as specified in the bylaw.

The court also did not accept the arguments of the board that though the same persons were earlier holding the office, it was not by way of election but by nomination. The court held that prima facie, it was difficult to accept the arguments of the board as Clause 13 of the bylaw was quite categorical in saying that the restrictions imposed were on the persons who were holding the office of the temple advisory committee for two consecutive terms. It “obviously did not say it was applicable only in the case of persons who came to hold the office pursuant to an election,” it held.

The court noted that whether the respondents were holding the office by way of election or nomination was insignificant for making the provisions of the bylaw applicable.

The standing counsel of the board sought time for verifying the position and filing an affidavit in the case.