Summary
In appeals by the elected office-bearers of the Oachira Parabrahma Temple against High Court orders placing the temple under an Administrative Head and replacing the elected Executive Committee, the Supreme Court did not decide the questions raised. With the agreement of all parties, it appointed a new Administrator to hold elections under the temple bye-laws within four months.
Issues
- Whether the High Court, having disposed of the regular first appeal, had become functus officio and could entertain an interlocutory application and pass the second impugned order.
- Whether the High Court was justified in removing the elected Executive Committee and appointing an unelected committee under an Administrative Head and Advocate Commissioner, contrary to the practice that elected bodies continue till the next election.
Held
- No question of law was decided. The Court declined to examine the appellants' contentions, including the challenge to the Administrative Head's functioning, because the High Court had given the parties liberty to raise all contentions before the trial court in the pending scheme suit. (¶ 14)
- Noting that the bye-laws fix a five-year term for the elected General Body (with other bodies co-terminous), that no election had been held since May 2017, and that there were serious disputes over the temple's management while the scheme suit was at the final decree stage, the Court considered it just, and all parties agreed, that elections be held under a new Administrator. (¶¶ 11, 14, 15)
Result
Appeals disposed of; a retired High Court Judge appointed Administrator to manage the temple and complete elections under the bye-laws within four months and report to the Court, with honoraria paid from temple funds; the High Court's Administrative Head and Advocate Commissioner to hand over charge; existing arrangements to continue until the trial court orders otherwise; trial court to expedite the final decree proceedings; impugned orders modified; contempt petitions closed; listed after four months for compliance.