Won't Dispose Properties, Modify Customs Of Chamundeshwari Temple Till Decision On Validity Of Development Authority Act: State To Karnataka HC
The Karnataka government has assured the High Court that pending the disposal of the petition challenging validity of the Shree Chamundeshwari Kshetra Development Authority Act, 2024, neither the movable nor the immovable properties belonging to the Chamundeshwari Temple at Mysore, will be disposed of nor the prevailing customs and traditions of the temple shall not be modified or interfered with.
The State Government made the statement before a single judge bench of Justice Hemant Chandangoudar on Tuesday (October 15) while hearing a petition filed by Pramoda Devi Wadiyar, the legal descendant of the Royal Family of Mysore. Notably, as per the statement of objects and reasons, the legislation was enacted to provide for constitution of an independent statutory Authority to undertake the work of development and maintenance of Shree Chamundeshwari Kshethra.
The petitioner has contended that the Act violates Articles 13(Laws inconsistent with or in derogation of the fundamental rights), 25(Freedom of conscience and free profession, practice and propagation of religion), 26(Freedom to manage religious affairs), and 29(Protection of interests of minorities) of the Constitution of India.
The primary contention of the petitioner is that the Act was promulgated while a legal dispute between the petitioner and the State Government was still pending before the high court. The petitioner argued that the promulgation of the Act is in contravention of the Rules of Procedure of the Legislative Assembly. It was contended that various provisions of the Act infringe upon their Fundamental Rights guaranteed under Articles 13, 25, 26, and 29 of the Constitution.
The high court in its order noted, "The specific question that requires consideration by this Court is whether the State Government has promulgated the Act, 2024 in violation of the Legislative Assembly Rules and in contravention of Articles 13, 25, 26, and 29 of the Constitution of India".
The high court thereafter took on record the statement of the additional advocate general appearing for the State, that pending the disposal of the present petition, no properties of the temple–whether movable or immovable–will be disposed of. He further submitted that the prevailing customs and traditions of the temple shall not be modified or interfered with during the pendency of the plea.
Taking the statement on record the high court then said, “It is further made clear by this Court that if the State Government intends to take any action or make any decision as contemplated under Sections 16 and 17 of the Act, 2024, such action or decision shall only be taken with the prior leave of this Court".
The high court however clarified that the pendency of the present petition shall not preclude the State government "from framing appropriate Rules under the Act, 2024".
"The Authority constituted under the Act, 2024 is directed to serve notice of any meetings to the petitioner. In the event that the petitioner, despite being duly served with notice, chooses not to attend or participate in the proceedings, the Authority is at liberty to take decisions in accordance with the provisions of the Act," the court added.
Accordingly the court adjourned the matter for further hearing on November 22.
Case Title: Pramoda Devi Wadiyar v. State of Karnataka
Case No: WP 19807/2024
Counsel for Petitioner: Advocate Sai Deepak for Advocate Manasi Kumar
Counsel for State: AAG Devdas