Bombay High Court
Shri. Valmiki Bhanudas Chandane vs The State Of Maharashtra, Through ... on 2 May, 2017
Bench: A.S. Oka
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7153 OF 2014
Shri Valmiki Bhanudas Chandane. .. Petitioner
Vs
The State of Maharashtra and Others. .. Respondents
-
Shri Sarang S. Aradhye for the Petitioner.
Shri Manish M. Pabale, AGP for the Respondent No.1.
Shri Neel G. Helekar for the Respondent No.3.
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CORAM : A.S. OKA & A.K. MENON, JJ
DATED : 2ND MAY 2017
ORAL JUDGMENT: ( PER A.S.OKA,J)
1. On the basis of the oral permission granted by this Court,
the Petitioner has carried out amendment by incorporating Prayer
Clause (b-1) to the Petition.
2. Heard learned counsel appearing for the Petitioner and the
learned counsel appearing for the third Respondent as well as the
learned AGP for the first Respondent State.
3. Rule. The learned AGP waives service for the first
Respondent and the Advocate for the third Respondent waives service.
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4. Considering the narrow controversy involved, the Petition
is taken up forthwith for final disposal.
5. This Petition concerns Vitthal Rukmini Temples at
Pandharpur. The Pandharpur Temples Act, 1973 (for short "the said Act
of 1973") was enacted by the State for better administration and
management of the said temples and for amalgamation of the Trusts of
the temples.
6. The validity of the said Act of 1973 has been upheld by the
Apex Court and there is no dispute that the provisions of the said Act of
1973 are in force.
7. The first grievance in this Petition under Article 226 of the
Constitution of India is about the action of the second Respondent of
appointing 10 new Pujaris (Priests) from 1 st August 2014 to perform
daily pooja in the temples. The second prayer is for restraining the
second Respondent from taking any major policy decision till a
permanent Committee as contemplated by Sub-section (1) of Section 21
of the said Act of 1973 is constituted. The third prayer which is added
by way of amendment is prayer clause (b-1) which is for issuing a writ
of mandamus directing the first Respondent to forthwith constitute a
Committee as provided under Sub-section (1) of Section 21 of the said
Act of 1973.
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8. One of the main challenges in this Petition is to the
appointment of 10 new pujaris on the ground that as required under
Sub-section (1) of Section 21 of the said Act of 1973, the Committee
has not been constituted and the appointments are purportedly made
by the Ad-hoc Committee appointed under Sub-section (2) of Section
21 of the said Act of 1973.
9. On the earlier date, we had called upon the learned AGP to
take instructions on the question whether a Committee as contemplated
by Sub-section (1) of Section 21 of the said Act of 1973 has been
constituted. Today, on instructions, he states that no such Committee
has been constituted, and as of today, there is an Ad-hoc Committee of
the District Collector and Sub-Divisional Officer appointed in terms of
Sub-section (2) of Section 21 of the said Act of 1973. Section 21 of the
said Act of 1973 reads thus:
"21.(1) Subject to the provisions of sub-section (2)
the State Government may, by notification in the
Official Gazette, establish a Committee consisting of the
following twelve members, that is to say--
(a) eleven members, including the Chairman, to
be appointed by the State Government from
amongst persons ordinarily residing in the
State who are devotees of God Vitthal and
Goddess Rukmini and who, prior to their
appointment, make a declaration accordingly
in the form determined by the State
Government;
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(b) the President of the Pandharpur Municipal
Council--ex-officio, if he is a devotee of God
Vitthal and Goddess Rukmini and makes a
declaration as aforesaid; and is not
disqualified under any of the provisions of
this Act; and if he is disqualified or does not
make such declaration within the period
specified by the State Government, then a
member of such Council appointed by the
State Government who is not so disqualified
and who makes such declaration :
Provided that, the disqualification under the proviso to
sub-section (1) of section 23 shall not apply in relation
to President.
(2) Until the Committee is duly established under
sub-section (1), the State Government may, by
notification in the Official Gazette, appoint a temporary
Committee for the purposes of this Act consisting of
two or more persons appointed by the State
Government in this behalf ; and one of them may be
appointed as the Chairman thereof. Upon the
establishment of the Committee under sub-section (1)
the members constituting the temporary Committee
shall vacate their office, and the temporary Committee
shall cease to exercise any powers or duties under this
Act and shall hand over all the property vested in it,
and the management of the endowment and registered
trusts to the Committee duly established under sub-
section (1).
(3) The Committee shall be a body corporate by the
name "Shri. Vitthal-Rukmini Temples Committee", and
shall have perpetual succession and a common seal and
shall have power to acquire, hold and dispose of
property, and to enter into contracts, and may by the
said name sue, or be sued, through its Executive
Officer."
10. Under Sub-section (2) of Section 21 of the said Act of
1973, there is a power conferred on the State Government to appoint a
temporary Committee consisting of two or more persons which will
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work till establishment of a Committee as contemplated under Sub-
section (1) of Section 21 of the said Act of 1973.
11. The averments made in the Petition and documents
annexed to the Petition show that by the judgment and order dated 15 th
January 2014 passed by the Apex Court in Civil Appeal No.994 of 2007,
the Apex Court has affirmed the constitutional validity of the said Act of
1973. Thus, for a period of three years and four months from the said
decision, the State Government has failed to constitute a Committee as
provided under Sub-section (1) of Section 21 of the said Act of 1973.
The Committee ought to have been appointed within a reasonable time
at least from the date of the judgment of the Apex Court as there was
no impediment whatsoever in the way of the State Government
exercising the power under Sub-section (1) of Section 21 of the said Act
of 1973.
12. There is no dispute that the impugned appointments of the
pujaris made by the second Respondent are on a temporary and ad-hoc
basis.
13. In fact, the attention of the Court is invited to the judgment
and order dated 10th March 2017 passed by a Division Bench of this
Court to which one of us (A.S.Oka, J) is a party in Writ Petition
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No.11206 of 2014 filed by the Solapur Zilla General Kamgar Sangh.
The said judgment records that the Draft Service Rules have been
framed in the year 2015. By the said judgment and order, the Draft
Service Rules of 2015 have been ordered to be forwarded to the learned
Charity Commissioner of Maharashtra for his approval in terms of Sub-
section (2) of Section 38 of the said Act of 1973. A direction was also
issued to the effect that if the Service Rules do not include pay and
allowances payable to the Officers, Servants and other persons
appointed under the said Act of 1973, the proposal containing details of
pay and allowances payable to them shall be also forwarded along with
the Service Rules to the learned Charity Commissioner for his approval.
Under the said order, the learned Charity Commissioner was requested
to decide the proposal within a period of three months from the date on
which the same is received. This order shows that even the Service
Rules of the Officers, Servants and other persons to be appointed under
the said Act of 1973 are not yet final.
14. As the appointment of 10 new pujaris made from 1 st August
2014 which is the subject matter of challenge is on temporary and ad-
hoc basis, it is not necessary to interfere with the said appointments in
writ jurisdiction under Article 226 of the Constitution of India.
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15. Unless the State Government constitutes a Committee as
contemplated by Sub-section (1) of Section 21 of the said Act of 1973,
the very purpose of enacting the said Act will not be fulfilled. The
Committee ought to have been appointed long time back. Therefore,
the State Government will have to immediately exercise the power
under Sub-section (1) of Section 21. We, therefore, propose to direct
the State Government to exercise the power under Sub-section (1) of
Section 21 of the said Act of 1973 and to constitute a Committee on or
before 30th June 2017.
16. Hence, we dispose of the Petition by passing the following
order:
ORDER :
(a) We clarify that the appointment of 10 new pujaris
made on 1st August 2014 by the Ad-hoc Committee of
the second Respondent is purely on temporary and
ad-hoc basis till the regular candidates are appointed
by the properly constituted Committee after the
Service Rules are approved by the learned Charity
Commissioner;
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(b) Only on this ground, we decline to entertain this
Petition insofar as the challenge to the appointments
is concerned;
(c) We direct the State Government to exercise the
powers under Sub-section (1) of Section 21 of the
said Act of 1973 by constituting a Committee as
provided therein as expeditiously as possible and in
any event on or before 30th June 2017;
(d) The Rule is partly made absolute on above terms.
(A.K.MENON, J) ( A.S. OKA, J )
