Karnataka High Court Dismisses PIL Seeking Declaration That Temples Are Not Public Authorities Under RTI Act

The Karnataka High Court on Wednesday dismissed a public interest litigation filed seeking a declaration that temples in the State of Karnataka are not public authorities within the meaning of section 2 (h) of the Right to Information Act, 2005.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the petition filed by M/s Akhila Karnataka Hindu Temples Priests Agamikas and Archaks Association.

The petitioner had prayed to direct respondent no 2---(Commissioner Of Hindu Religious and Endowments Department to withdraw its notification dated 16-06-2007 along with subsidiary notification dated 03/02/2017 and connected amendments.

By the said notification, public information officers are appointed under the Act. It was submitted that the temples are treated as public authority under the Act and only those temples which come under the purview of Karnataka Hindu Religious and Endowments Institutions notification 1997, are included under the impugned notification.

The petitioners argued that certain persons who call themselves whistle-blowers harass the Archakas and staff of the temples and that the notification whereby the PIO is appointed in the temples would provide them tools and leverage to further harass them. Reliance was placed on judgments of the Supreme Court and other High courts

The bench said, “As noted above the grievance is to the notification issued by the authority to treat the temples in Karnataka within the purview of Right to Information Act, the class of temples as already noticed and reflected in the impugned notification comes under the Karnataka Hindu Religious and Endowments Institutions are covered.”

It added “Not only that the subject matter cannot become a public interest litigation, the ground that so-called whistle-blowers harass the Archaks is too vague and nebulous to accept the case of the petitioner against the notifications.”

Further, it said that the grievance of Archakas and pujaris was misplaced when they apprehended that whistleblowers would harass them.

Court held that information is provided only by the PIO and for that Archakas could not have any objection. Thus it dismissed the plea.

However, it clarified that the dismissal of the petition would not close the doors for individual bodies to agitate their rights in an appropriate petition to contend that temples do not fall within the ambit of public authority under the Right to Information Act.

Case Title: M/s Akhila Karnataka Hindu Temples Priest Agamikas and Archaks Association And State of Karnataka & Anr

Case No: WP 8722/2024

Citation No: 2024 LiveLaw (Kar) 260

Appearance: Advocate Nagaraj N R for Petitioner.