Telangana HC stays forming of temples non-hereditary trust boards

Hyderabad: Justice A Rajasekhar Reddy of Telangana High Court on Monday stayed all further proceedings with regard to constitution of non-hereditary trust boards to temples in the State of Telangana. The order will apply to temples with an annual income between income of Rs 25 lakh to Rs 1 crore. The judge made the interim […]

Hyderabad: Justice A Rajasekhar Reddy of Telangana High Court on Monday stayed all further proceedings with regard to constitution of non-hereditary trust boards to temples in the State of Telangana. The order will apply to temples with an annual income between income of Rs 25 lakh to Rs 1 crore.

The judge made the interim order while admitting a writ petition filed by The Telangana State Charitable and Hindu Religious Institutions Founder Trustees Association. The petitioner contended that the notification was contrary to the ratio laid down by the Supreme Court in 1996. The petitioner’s counsel Deepak Misra pointed out that the power to make such appointment is vested with Dharmik Parishad under the Endowments Act and the State Government could not arrogate to itself the authority.

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He also pointed out that when the Act provided for two different sources for two different classes of Temples it is not open for one of them to appropriate the power and proceed to appoint in different categories or even to kick start the process. It is the Dharmik Parishad alone that had such power and in the absence of such power, calling for applications was not only without jurisdiction by an inelegant attempt to usurp power.

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