Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Religious Endowments : Guruvayoor Devasawom Act 1978-Section 4-Management and administration of Hindu temple |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Religious Endowments : Guruvayoor Devasawom Act, 1978-Section 4-Management and administration of Hindu temple-Management Committee of Guruvayoor Devasawom-Nomination of members, by Hindu Ministers in Council of Ministers of left Democratic Front-Plea that nomination by Hindu Ministers illegal, unconstitutional and violative of Articles 25 and 26 as requirement of being 'Hindu' not satisfied-Held: Debarring all 'Hindu' Ministers of leftist Government from nominating members would lead to stalemate in the Management Committee-When members of Managing Committee have to be believers in temple worship, there cannot be insistence that electorate college should be believers in temple worship-Further, Management Committee constituted represents denomination, it cannot be said that person authorized to nominate must also be representative of denomination-Management of the temple is a secular act and can be controlled by the State-Denomination of devotees having no say or right in the administration-secular or religious of the temple prior to the Constitution, they cannot claim any such rights after the enactment of 1978 Act-Constitution of India, 19550-Articles 25 and 26. 'Hindu'-Concept of-Discussed Maxim-ut ragis magis valeat quam pareat-Applicability of Interpretation of Statutes. Guruvayoor Devasawom Act 1978 was enacted for proper administration of Guruvayoor Devasawom. Under s. 4 of the Act, the members of Council of Ministers who are Hindus from amongst persons having interest in the temple were to nominate five members to the Managing Committee of the Guruvayoor Devaswom. Appellants filed writ petition for issuance of direction to Hindus in the Council of Ministers of the Leftist Democratic Front to refrain from nominating Members to the Guruvayoor Devaswom Managing Committee on the ground that they were not believers in god and temple worship and as such the nomination made by them as members of Committee was violative of Article 25 and 26 of the Constitution. Writ Petition was dismissed. Hence the present appeals. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2005 INSC 218 |
Petitioner | M.p. Gopalakrishnan Nair And Anr. |
Respondent | State Of Kerala And Ors. |
SCR | [2005] 3 S.C.R. 712 |
Judgement Date | 2005-04-20 |
Case Number | 6675 |
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