Case Note & Summary
The writ petitions, filed under Article 226 of the Constitution of India, challenged a Government Order dated 13.12.2022 appointing a retired IAS officer as Administrator for the Jagadguru Murugharajendra Bruhan Math and its educational institutions. The Mutt, with origins dating to the 12th-century mystic saint Allamaprabhu and revitalised in the 16th century, runs numerous schools and colleges through its affiliate, the Jagadguru Murugharajendra Vidhya Peetha, a registered society. The Pontiff, Dr. Shivamurthy Murugha Sharanaru, installed in 1991, serves as ex-officio President of the Trust and holds decisive administrative authority. On 13.10.2022, the Nazarbad Police, Mysore, registered Crime No.155/2022 against the Pontiff, leading to his judicial custody from 01.09.2022. Citing this, the Government invoked Articles 162 and 31A of the Constitution to appoint an Administrator to safeguard the Mutt’s properties, prevent fund misappropriation, and manage its affairs. The petitioners—the Vidya Peetha, the Mutt (through a GPA holder), and three devotees—sought to quash the order as illegal. The State, represented by the Advocate General, and the Administrator, through senior counsel, resisted the challenge. The High Court clubbed these petitions with another filed by the Pontiff (W.P.2331/2023) against a restraint order under Section 8(2) of the Religious Institutions (Prevention of Misuse) Act, 1988, but indicated a separate judgment would address that matter. The provided text only outlines the factual background and does not record arguments, the court’s analysis, or a final decision.
Issue of Consideration
Whether the Government Order dated 13.12.2022 appointing an Administrator for the Mutt and its institutions under Articles 162 and 31A of the Constitution of India is valid and should be quashed
Case Details
2023 LawText (KAR) (05) 19
WP No. 25316/2022 c/w WP No. 25318/2022
Jayakumar S Patil (Senior Counsel) along with Vishwanath H M; S Kalyan Basavaraj; Dr. Prajawal K Aradhya for petitioners; Prabhuling K Navadgi (Advocate General) with R Srinivasa Gowda (AGA) for R1 to R5 & R7; Gangadhar Gurumath (Senior Counsel) with H Sunil Kumar for R6; B A Chandrashekar (Intervenor)
Sri Jagadguru Murugharajendra Vidhya Peetha; Sri Jagadguru Murugharajendra Bruhan Math; D.S. Mallikarjun; Thippeswamy H N; Jitendra N
The Chief Secretary, Govt of Karnataka; The Deputy Secretary, Revenue Department; The Secretary, Muzrai Dept; The Commissioner, Hindu Religious Institutions and Charitable Endowments Department; The Deputy Commissioner, Chitradurga District; P.S. Vastrad; The Registrar of Societies
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Nature of Litigation
Writ petitions under Article 226 of the Constitution of India challenging a Government Order appointing an Administrator for a religious Mutt and its institutions
Remedy Sought
Quashing of the Government Order bearing KAM.E 112 MU.SA.VI 2022 dated 13.12.2022 (Annexure-A) passed by the Deputy Secretary, Revenue Department, appointing Respondent No.6 as Administrator
Filing Reason
The Government issued the order under Articles 162 and 31A of the Constitution citing the Pontiff's detention in judicial custody since 01.09.2022 in connection with criminal cases, and to safeguard the Mutt's movable and immovable properties, prevent misappropriation of funds, and ensure proper management
Previous Decisions
No previous judicial decision mentioned; the challenge is to an original executive order. However, a related writ petition, W.P.No.2331/2023, was filed by the Pontiff challenging an order dated 15.12.2022 under Section 8(2) of the Religious Institutions (Prevention of Misuse) Act, 1988 passed by the II Addl. District & Session Judge, Chitradurga, restraining him from exercising powers as Pontiff pending trial.
Judgment Excerpts
The Government specifically mentions that this Order has been made in exercise of the power availing under Articles 162 & 31A of the Constitution of India inter alia for safeguarding the movable & immovable properties of the Mutt and to prevent misappropriation of funds of the institution and further, to conduct the overall management effectively inasmuch as the Pontiff has been facing criminal cases is in judicial custody since 1.9.2022.
These institutions have produced thousands of meritorious candidates, many of whom serve in public & private employment.
Petitioner-Mutt originally established by Allamaprabhu, a 12th-century mystic saint and a poet who prolifically composed Vachanaas in Kannada.
Procedural History
Writ petitions filed on unspecified date. Notice served; respondents entered appearance through Advocate General and counsel for Administrator. Amended petitions filed. Respondents filed written versions/objections. Matter heard along with W.P.No.2331/2023 (separate judgment to be delivered in that case). This order dealing with facts in brief.
Acts & Sections
- Constitution of India: Article 162, Article 31A
- Religious Institutions (Prevention of Misuse) Act, 1988: Section 8(2)
- Karnataka Societies Registration Act, 1960:
