The Kerala High Court on Tuesday said that those in active politics cannot be appointed as non-hereditary trustees to Sree Pookkottu Kali Kavu Temple in Palakkad district.
The order came on a petition against the appointment of 2 CPIM workers and 1 DYFI member as non-hereditary trustees to the temple under the Malabar Devaswom Board. The petition was filed by Ananthanarayanan and P N Sreeraman.
The division bench of the High Court did not accept the argument that DYFI is not a political organisation.
Ashok Kumar one of the non-hereditary trustees was a local Committee secretary of CPIM while Ratheesh was a branch secretary of CPIM. They both told the court when they were appointed as non-hereditary trustees they did not hold any positions with CPIM. DYFI member Pankajakshan argued DYFI is not a political party.
”Either before or after their appointment as non-hereditary trustees, in the same year, they came to occupy the respective posts in the political party/ DYFI. It is a matter of common knowledge that the functioning of a political party and selection/election of its office bearers is not similar to public employment. Whichever be the political party, one who is actively involved in the activities of that political party alone is ordinarily selected/elected as an office bearer. Having been selected as office bearer of the political party/DYFI before or soon after the appointment as non-hereditary trustees, respondents cannot contend that they were not active politicians,“ read the order.
The court said that the area of activities of DYFI is politics and it cannot be said that the activities of DYFI are non-political. The court also said that they should have disclosed their political activities.
The division bench of the high court said that as the term expired on February 20, 2023, they are not issuing any writ quashing the order. “This Writ Petition is disposed of by directing the Malabar Devaswom Board, to ensure that hereafter every appointment of a non-hereditary trustee in the Temples under its control is done strictly in accordance with the directions in Chathu Achan [2022 (6) KLT 388] (supra) and also the observations we made hereinbefore,” it said.
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