News Tamil Nadu

Madurai Bench of Madras HC strikes down tender notification issued by EO of Palani temple, raises larger question about Hindu temple administration

September 24, 2020
The Commune

In a significant judgement that has wider ramifications with respect to the state control of Hindu temples, the Madurai bench of the Madras High Court while cancelling tender notification issued by the Executive Officer of the Palani Temple also stripped his powers and ordered the formation of a Trust by devotees to control the affairs of the temple.

TR Ramesh of the Indic Collective had petitioned against the Executive Officer (an IAS officer) who had issued tenders for housekeeping contracts of  Arulmighu Dhandayuthapani Swami Temple, Palani.

Mr. Ramesh who is also the President of the Temple Worshippers Society noted that inviting tenders for the housekeeping of the temple was a commercial contract which prevents the rights of devotees to offer voluntary service,popularly known as “Uzhavara pani”.

He also noted that the temple did not have a trust board for almost a decade. The EO acts as an ex-officio ‘fit person’ and such an official can’t take major decisions having financial implications, Mr. Ramesh petitioned.

The EO had filed a counter affidavit stating that the petitioner was not an aggrieved individual and added that the petitioner must file a PIL if in case he wants to espouse the subject. The EO in his affidavit had noted that the catering to sanitation, maintenance and cleanliness of the temple was of supreme importance and that the tender was issued as the earlier contract had expired. He admitted that the temple had no board trust formed but justified his action saying that the EO as a ‘fit person’ was entitled to discharge the functions of the board trust. The state government pleader who appeared for the HR&CE commissioner also towed the same line.

Justice G.R. Swaminathan brought “Uzhavara Pani” under the scope of Article 25 of the Constitution, a fundamental right to practice one’s religion and held that the temple management can regulate but cannot deny the right of one to perform Uzhavara Pani.

The judge commenting on the office of the EO said “a non-hereditary trustee can occupy the office only for a specific period. But in the instant case, for more than nine years and three months, the temple has been under the management of the Executive Officer who doubles as a Fit Person. I would observe that there should not be any Executive Officer/Fit Person-raj in the second respondent temple”, thereby declaring the position of the EO illegal.

The judge also cited an editorial in the New Indian Express that said “Reconstituting temple trust boards with eminent Hindus and men of impeccable character would be a good start. Leaving the temple in the care of the bureaucracy and politicians hasn’t helped…”, the judge said noting that these words are applicable to the State of Tamil Nadu as well.

Reacting to this, TR Ramesh commenting on the judgement said that it was one of the biggest victory for Hindus in recent times.