In the ongoing tussle with the government over a host of issues, the management committee of the Thakur Shree Banke Bihari Ji Maharaj temple in Mathura has moved the Supreme Court against an ordinance of the UP government that vests the control of the shrine's administration with the state.
One of the main reasons for friction between the two parties is government's attempt to form a trust to manage the Banke Bihari temple in Vrindavan which has been resisted by the temple's management committee and priests, who view it as an encroachment on their religious autonomy. Even as the state government is citing safety concerns and the need for better regulation, the priests have accused the government of trying to take over the temple and its resources, leading to legal challenges and strong criticism from the Supreme Court.
In a plea filed through advocate Tanvi Dubey, the temple management committee, comprising 350 members and "sewayat" Rajat Goswami, said the state's conduct is visibly mala fide as an issue concerning the use of temple funds to acquire five acres of land was already decided by the high court on November 8, 2023 and it has denied the state the permission to use the temple funds for acquiring the land.
The committee said the Uttar Pradesh government did not file appeals against the high court's November 8, 2023 order and instead, an impleadment application was filed in the pending plea before the top court.The petition is listed for hearing before a bench of Justices Surya Kant and Joymalya Bagchi on Monday. The management committee said the impugned ordinance unlawfully preempts and frustrates the outcome of a PIL pending before the Allahabad High Court concerning the administration of the Banke Bihari temple.
"The State, by taking over the subject-matter of a live judicial proceeding, has violated the doctrine of separation of powers, interfered with judicial independence, and misused the ordinance-making power under Article 213 of the Constitution," the plea says.It adds that the passing of an ordinance that directly touches upon the issues pending adjudication before the high court is sheer abuse of power and unconstitutional.
On May 15, the top court allowed an impleadment application filed by the state and paved the way for a Uttar Pradesh government scheme to develop the Shri Banke Bihari Temple Corridor in Mathura for the benefit of scores of devotees.It had allowed the state's plea to utilise the funds of the Banke Bihari temple only for the purchase of a five-acre land around the temple to create a holding area.
The top court, however, said the land to be acquired for the purposes of development of the temple and the corridor should be in the name of the deity or the trust.
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