A New Chapter for Oachira Parabrahma Temple: Supreme Court Orders Election Process Amid Governance Disputes.
03 December 2024
Civil Appeals >> Civil & Consumer Law | Elections Law >> Constitution & Law Procedure
In a significant development concerning the administration of the historic Oachira Parabrahma Temple in Kerala, the Supreme Court of India has intervened to resolve a contentious issue regarding the management of the temple and its associated institutions. The case involved the appeal by the elected Secretary and President of the temple’s Executive Committee, challenging orders passed by the Kerala High Court that had removed the elected bodies and appointed an unelected administrative committee.
Background of the Dispute:
The Oachira Parabrahma Temple, a revered institution located in Kerala, is known for its ancient history and unique structure. The temple, unlike many others, does not have a consecrated idol or a sanctum sanctorum. Instead, its administration and the management of its associated institutions, including a super-speciality hospital and a nursing college, are governed by a set of bye-laws.
The conflict began with the filing of a suit in 2006 by certain devotees, seeking the creation of a scheme to regulate the administration of the temple. In 2010, the trial court issued a preliminary decree for the framing of the scheme and directed the continued operation of the temple under its existing bye-laws until the scheme was finalized.
However, the matter became more complicated after an appeal was filed by the hereditary trustees (Sthanis) of the temple in 2010. While the appeal was pending, the Kerala High Court appointed an Advocate Commissioner in 2010 to oversee the counting of offerings in the temple, but the appellants argued that the Commissioner had no authority to administer or supervise the temple.
Kerala High Court’s Intervention:
In 2020, the Kerala High Court disposed of the appeal, directing the trial court to frame a scheme for the management of the temple. The High Court also appointed a retired judge, Mr. Justice A.V. Ramakrishna Pillai, as the Administrative Head of the temple, placing the elected committees under his supervision. The court further required that all decisions taken by the elected committees be ratified by the Administrative Head before implementation.
In 2023, another application was filed seeking the removal of the elected committee and the appointment of a new administrative body. The High Court responded by dissolving the elected Executive Committee and appointing a five-member unelected committee, a move that contradicted the temple's bye-laws and established practices. This order led to the appeal before the Supreme Court.
Supreme Court’s Ruling:
The Supreme Court, while acknowledging the complexities of the case and the importance of preserving the temple’s administration, ruled in favor of appointing a new administrative head to oversee the election process. The court recognized that there were serious issues in managing the temple under the appointed Administrative Head and that the situation required a fresh approach to resolve the ongoing disputes.
The key points of the Supreme Court’s order included:
Appointment of New Administrative Head: The Court appointed a retired High Court Judge, Mr. Justice K. Ramakrishnan, to serve as the new Administrative Head/Administrator. His primary task was to ensure the smooth conduct of elections for the management of the temple and its associated institutions, as per the temple’s bye-laws.
Election Process: The newly appointed Administrative Head was directed to initiate the election process within four months, including finalizing the voters' list and completing the election process in a fair and transparent manner. The election must adhere strictly to the bye-laws of the temple.
Assistance to the Administrator: The Administrator was authorized to appoint two officers—a retired District Judge and an Advocate—to assist in the election process.
Financial Provisions: The Court directed that the Administrative Head be paid an honorarium of Rs. 2 lakh per month, with additional allowances for expenses incurred in the discharge of his duties. Similarly, the assisting officers were to be compensated with honorariums.
Transition of Power: The Court made it clear that the existing administrative arrangements, including the unelected committee and the Advocate Commissioner appointed by the High Court, would cease to exist. The newly appointed Administrative Head was required to take charge and oversee the affairs of the temple and its institutions until the elections were concluded.
Final Decree Proceedings: The trial court was instructed to expedite the final decree proceedings for framing a scheme for the temple’s administration. All parties involved were directed to raise their concerns before the trial court in the final stages of the proceedings.
Conclusion:
The Supreme Court’s intervention is seen as a crucial step toward restoring order and ensuring the smooth functioning of the Oachira Parabrahma Temple. By appointing a new administrative head with clear instructions to conduct fair elections, the Court has sought to balance the temple’s traditions and governance with the need for legal oversight. The outcome of the election process will have a significant impact on the future management of the temple and its associated institutions, and it is expected that all parties will cooperate to ensure a transparent and efficient election process.
As the matter now progresses, the parties involved have been given a timeline for compliance, and the case will be reviewed again in four months to assess the progress of the election process. Until then, the temple’s administration will be under the supervision of the newly appointed Administrative Head.