Case Note & Summary
The petitioners, who were members of an elected committee of a Devasthan (temple) in Goa, challenged an order dated 12.02.2016 passed by the Mamlatdar of Pernem Taluka and Administrator of Devalayas, which dissolved the committee. The petitioners contended that the committee was duly elected and its term had not expired, and that the dissolution was arbitrary and without any notice or hearing. The respondents, including the State of Goa and private individuals, opposed the petition. The court, after hearing the parties, observed that the impugned order was passed without issuing any notice to the committee members and without affording them an opportunity of being heard, which is a clear violation of the principles of natural justice. The court held that such an order cannot be sustained and accordingly quashed the order dated 12.02.2016. The court further directed that the committee which was in office prior to the impugned order shall be restored and allowed to function until a new committee is elected in accordance with law. The court also directed the respondents to hold elections for the committee within a period of three months from the date of the order. The petition was allowed with no order as to costs.
Headnote
A) Administrative Law - Natural Justice - Dissolution of Committee - Goa Devasthan Rules, 1973 - The Mamlatdar and Administrator of Devalayas dissolved an elected committee of a Devasthan without issuing any notice or providing an opportunity of hearing to the committee members. The court held that such an order is violative of principles of natural justice and cannot be sustained. (Paras 4-6) B) Temple Administration - Devasthan Committee - Dissolution - Goa Devasthan Rules, 1973 - The petitioners challenged the order dated 12.02.2016 dissolving the committee of the Devasthan. The court found that the impugned order was passed without jurisdiction and in violation of natural justice, and accordingly quashed the order and directed restoration of the committee. (Paras 4-6)
Issue of Consideration
Whether the Mamlatdar and Administrator of Devalayas had the authority to dissolve an elected committee of a Devasthan without issuing notice or providing an opportunity of hearing to the committee members.
Final Decision
The court allowed the writ petition, quashed the impugned order dated 12.02.2016, directed restoration of the committee that was in office prior to the order, and directed the respondents to hold elections for the committee within three months from the date of the order. No order as to costs.
Law Points
- Natural justice
- right to be heard
- administrative authority
- dissolution of temple committee
- Goa Devasthan Rules
- 1973
