Hereditary Archakship Conferred Only On Paternal Line Of Succession: Karnataka High Court

The Karnataka High Court has held that in order to claim hereditary archakship, the line of succession should be on the paternal side and not on the maternal side.

A single judge bench of Justice N S Sanjay Gowda dismissed a petition filed by one M S Ravi Dixit and his brother M.S.Venkatesh Dixit, who sought to be appointed as Archaks, of Sri Mahabaleshwaraswamy Temple at K.R.Puram, Bangalore East Taluk.

Previously, petitioner M.S.Venkatesh Dixit had approached the court seeking a direction that he be appointed as archak. The court had disposed of that petition by directing the concerned authorities to dispose of the representation of the petitioner in accordance with law.

Following which the authority passed an order date stating that there was no document indicating that for the previous three generations of the petitioners, their ancestors had been discharging the functions of archakship and therefore, their request to be appointed as Archaks could not be acceded to.

Further it was held that since the archakship was traceable only towards the maternal side of the petitioners, they would not be entitled for a claim of hereditary archakship.

The petitioners contended that adequate opportunity was not granted to the petitioners to establish that archakship was hereditary and the petitioners were entitled as a matter of right to be appointed as archaks.

Firstly the bench referred to the impugned order and said “The impugned order indicates that the petitioners were heard in the matter, and they had filed a joint affidavit requesting that they be appointed in terms of their affidavit.”

It then noted that in order to claim hereditary archakship, it would be necessary that not only father of the petitioners, but also their grandfather and great grandfather should have performed the role of archaks in Sri Mahabaleshwaraswamy Temple and merely because the father of the petitioners had performed the role of archak in the year 1979, the petitioners cannot claim to be hereditary archaks.

The bench referred to the plea wherein it was admitted that only their father M.N.Subramanya Dixit had been performing pooja in the temple and before him, it was Nanjunda Dixit, his father-in-law i.e., the maternal grandfather of the petitioners who was performing the pooja.

Following which the bench held “Since the petitioners admit that it was their maternal grandfather who was performing the pooja, obviously they cannot claim that archakship was hereditary.”

It added “In the light of the fact that the petitioners are claiming the right of archakship by virtue of their maternal grandfather being the archak, it is obvious that they cannot claim that archakship was hereditary.”

Dismissing the petition the bench said “In order to claim the post of hereditary archak, the line of succession should be on the paternal side and not on the maternal side. Therefore, there is no merit in the writ petitions and the same are accordingly dismissed.”

Case Title: M S Ravi Dixit And State of Karnataka & Others

Case No: W.P.No.54745/2016 C/W W.P.No.48392/2016

Citation: 2023 LiveLaw (Kar) 206

Date of Order: 02-05-2023

Appearance: Advocate Y.K.Narayana Sharma for petitioners.

AGA D.S.Shivananda for R-1 TO R-4.

Senior Advocate Pramila Nesaragi for Advocate Hemanth Kumar D for R6.

Click Here To Read/Download Order