NDLI: Nar Hari Sastri and Others Vs. Shri Badrinath Temple Committee

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Hindu law-Religious Endowments-Right to worship-Right of Pandas to accompany worshippers to temple-Bye-l
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Badrinath Temple Act (0 of 1939)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Hindu law-Religious Endowments-Right to worship-Right of Pandas to accompany worshippers to temple-Bye-law of temple committee to prohibit taking of gifts within temple precincts -Validity-Badrinath Temple Act, 1939, ss. 3, 4. The right of the Deoprayagi Pandas to enter the Badrinath Temple along with their Yajmans is not a precarious or permissive right depending for its existence on the arbitrary discretion of the temple authorities; it is a legal right in the true sense of the expression, but it can be exercised only subject to the restrictions which the temple committee may impose in good faith for maintenance of order and decorum within the temple and for ensuring proper performance of customary worship. There is nothing in the Badrinath Temple Act, 1939, which vests in the temple committee or the idol, gifts made to Pandas within the precincts of the temple. But bye-law (8) of the Puja Bye-laws framed by the temple committee which forbids the acceptance of gifts by any person within the precincts of the temple unless he comes within the category of persons specifically authorised by the committee to receive the same is a valid bye-law, which it was quite competent for the committee to enact under the terms of clauses ( m) and ( n) of sec. 25 of the Act and in view of this bye-law the Pandas are not entitled to a declaration by the Court that they have a right to take, within the precincts of the temple, whatever they receive as gifts at the time of worship.
Judge	Honble Mr. Justice Bijan Kumar Mukherjea
Neutral Citation	1952 INSC 30
Petitioner	Nar Hari Sastri And Others
Respondent	Shri Badrinath Temple Committee
SCR	[1952] 1 S.C.R. 849
Judgement Date	1952-05-09
Case Number	105

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