Case Note & Summary
The petitioners, who are Mahajans of Shree Bhumika Devasthan at Chopdem, Pernem, Goa, challenged the order dated 21.05.2001 passed by the Administrative Tribunal, Goa, in Devasthan Appeal No. 46/01. The Devasthan is governed by the Regulations for Hindu Temples (Devasthans) of Goa, Daman & Diu, contained in Diploma Legislative No.615 dated 30.3.1933 as amended by Diploma Legislative No.1898 dated 29.5.1959. On 31.12.1999, the Managing Committee of the Devasthan was dissolved by the Government, and the Mamlatdar of Pernem was appointed as Administrator. On 5.1.2000, the Administrator appointed five persons to assist him in management. On 7.1.2000, the Government appointed Bhagirath Gaonkar as Chairman of an Ad hoc Committee. This order was challenged in Writ Petition No.5/2000 but was withdrawn after the Government withdrew the order and directed the Mamlatdar to manage the affairs until a new Managing Committee was elected. However, the Administrator again appointed an ad hoc committee, which was challenged before the Administrative Tribunal. The Tribunal upheld the appointment. The High Court held that the Administrator has no power to appoint an ad hoc committee; the Regulations require that a Managing Committee be elected by the Mahajans. The Tribunal's order was set aside, and the Administrator was directed to hold elections within three months.
Headnote
A) Devasthan Management - Appointment of Ad Hoc Committee - Administrator's Powers - The Administrator appointed an ad hoc committee to manage the temple without holding elections, which was challenged. The Administrative Tribunal upheld the appointment. The High Court held that the Administrator has no power to appoint an ad hoc committee; the only remedy is to hold elections for a Managing Committee as per the Devasthan Regulations. (Paras 2-5)
B) Devasthan Regulations - Election of Managing Committee - Diploma Legislative No.615 dated 30.3.1933 and No.1898 dated 29-5-1959 - The Regulations mandate that a Managing Committee must be elected by the Mahajans. The Administrator's role is limited to managing day-to-day affairs until a new committee is elected. The appointment of an ad hoc committee without election is ultra vires the Regulations. (Paras 2-5)
C) Administrative Tribunal - Appellate Jurisdiction - The Tribunal erred in confirming the appointment of the ad hoc committee without considering the mandatory requirement of election under the Regulations. The High Court set aside the Tribunal's order and directed the Administrator to hold elections within three months. (Paras 5-6)
Issue of Consideration
Whether the Administrative Tribunal erred in law by upholding the appointment of an ad hoc committee by the Administrator without holding elections as required under the Devasthan Regulations.
Final Decision
The High Court allowed the writ petition, set aside the order of the Administrative Tribunal dated 21.05.2001, and directed the Administrator to hold elections for the Managing Committee within three months from the date of the order.
Law Points
- Administrator's power to appoint ad hoc committee
- Election of Managing Committee under Devasthan Regulations
- Scope of appellate jurisdiction of Administrative Tribunal
- Interpretation of Diploma Legislative No.615 and No.1898
Case Details
2006 LawText (BOM) (02) 56
Writ Petition No. 168/2001
Shri S. D. Lotlikar, Senior Advocate with Shri S.Y. Thali, Advocate for the petitioners; Shri S. R. Rivonkar, Government Advocate for the respondent No.2; Shri S. M. Walawaikar, Advocate for the respondents No. 3 and 4
Mr. Guna Gaonkar and Mr. Bagirath P. Gaonkar
The Administrative Tribunal of Goa, Mamlatdar of Pernem, Mr. Vishnu Gaonkar, Mr. Vishwas S. Gaonkar
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Nature of Litigation
Writ petition challenging the order of the Administrative Tribunal, Goa, which upheld the appointment of an ad hoc committee by the Administrator of a Hindu temple.
Remedy Sought
The petitioners sought quashing of the order dated 21.05.2001 passed by the Administrative Tribunal, Goa, in Devasthan Appeal No. 46/01.
Filing Reason
The petitioners, being Mahajans of the Devasthan, challenged the appointment of an ad hoc committee by the Administrator without holding elections as required under the Devasthan Regulations.
Previous Decisions
The Managing Committee was dissolved on 31.12.1999. The Administrator appointed an ad hoc committee on 5.1.2000. The Government appointed a Chairman on 7.1.2000, which was challenged in Writ Petition No.5/2000 but withdrawn after the Government withdrew the order. The Administrator again appointed an ad hoc committee, which was challenged before the Administrative Tribunal, which upheld it.
Issues
Whether the Administrator has the power to appoint an ad hoc committee for management of the Devasthan without holding elections.
Whether the Administrative Tribunal erred in upholding the appointment of the ad hoc committee.
Submissions/Arguments
The petitioners argued that the appointment of an ad hoc committee by the Administrator is contrary to the Devasthan Regulations, which require election of a Managing Committee by the Mahajans.
The respondents argued that the Administrator had the power to appoint an ad hoc committee to assist in management.
Ratio Decidendi
The Administrator has no power under the Devasthan Regulations to appoint an ad hoc committee. The Regulations mandate that a Managing Committee be elected by the Mahajans. The appointment of an ad hoc committee without election is ultra vires the Regulations.
Judgment Excerpts
The Administrator has no power to appoint an ad hoc committee. The only remedy is to hold elections for a Managing Committee as per the Devasthan Regulations.
The order of the Administrative Tribunal is set aside. The Administrator is directed to hold elections within three months.
Procedural History
The Managing Committee of Shree Bhumika Devasthan was dissolved on 31.12.1999. The Mamlatdar was appointed Administrator. On 5.1.2000, the Administrator appointed five persons to assist. On 7.1.2000, the Government appointed a Chairman, challenged in WP No.5/2000, withdrawn after Government withdrew order. The Administrator again appointed an ad hoc committee, challenged before Administrative Tribunal in Devasthan Appeal No.46/01, which upheld the appointment. The petitioners filed Writ Petition No.168/2001 in the High Court.
Acts & Sections
- Regulations governing Hindu Temples (Devasthans) of Goa, Daman & Diu (Diploma Legislative No.615 dated 30.3.1933 as amended by Diploma Legislative No.1898 dated 29.5.1959):
