[Live Law10] Supreme Court Issues Notice On Plea Challenging Telangana Hindu Religious & Charitable Endowments Act

The Supreme Court has issued a notice in response to a petition challenging the constitutional validity of the Telangana Hindu Religious and Charitable Endowments Act 1987. The petition was filed on behalf of the priests of the Sri Veerabhadra Swamy Temple, also known as the Machileshwarnath Temple, against the State of Telangana.

The petition not only challenges the constitutionality of the Act but also criticizes orders passed by the commissioner of endowments appointing an Executive Officer for the temple. The petitioners argue that the Telangana Government is attempting to take over the temple and remove the petitioners through these orders.

The Act is being challenged on the grounds that it gives the government unfettered power to replace the management of any temple without any reason. The petitioners argue that the Act and the challenged order are ultra-vires, inter-alia, Articles 14 (Equality before law), 25 (Freedom of conscience and free profession, practice and propagation of religion), and 26 (Freedom to manage religious affairs).

The petition cites the case of Pannalal Bansilal Pittie v State of Andhra Pradesh, (1996) 2 SCC 498 to argue that it is not the job of officers of a secular government to run temples. It also asserts that the management and administration of a temple are an essential part of the right to religion.

The petition further submits that the Government can only take over the management to cure financial maladministration and thereafter, the management of the said temple has to be returned. The petitioners claim that supersession of management indefinitely would tantamount to violation of proprietary and fundamental rights.

Source: Conversation with Bing
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