Kerala High Court Calls For Transparency In Appointments Of Non-Hereditary Trustees In Temples

The Kerala High Court has directed that the information relating to appointments of non-hereditary trustees of temples should be published and displayed in public places so that the devotees are informed of such developments.

“We deem it appropriate to direct the 2nd respondent Malabar Devaswom Board to give wide publicity to the notifications issued for making appointments to the post of non-hereditary trustees in the temples, which are controlled institutions under the Board” stated division bench of Justice Anil K Narendran and Justice Harishankar V Menon.

The court was hearing a petition seeking a writ of mandamus directing the Commission, Malabar Devaswom Board (3rd respondent) to issue an appropriate order constituting a selection committee for the appointment of non-hereditary trustees in the temples consisting of a nominee of the Commissioner, the Executive Officer, the Tanthri, the Melsanthi and one hereditary trustee of that temple.

The petitioner, who is a devotee of Sree Thalayanakkad Siva Temple, Kadampur in Ottappalam, which comes under the purview of the Malabar Devaswom Board (2nd respondent), also challenged the appointment order issued by Assistant Commissioner, Palakkad appointing respondents 9 to 12 as non-hereditary trustees in Sree Thalayanakkad Siva Temple for a period of two years.

The court also directed the State and Malabar Devaswom Board to file affidavits to explain the appointment procedure in the selection of non-hereditary trustees. The court also took note of the increasing number of writ petitions being filed challenging the appointments of non-hereditary trustees in temples on grounds of these appointees being active politicians or persons who are involved in misappropriation of temple funds. The court expressed that most of these petitions protest the lack of transparency and fairness in such appointments and do not publish notifications to invite applications from those interested in being non-hereditary trustees.

The court referred to the decision in Anantha Narayanan and anr. v. Malabar Devaswom Board and ors. where the High Court had ordered that representatives of active political parties should not be included in the appointment of trustees of temples, and that those who apply to be appointed as non-hereditary trustees “shall be idol worshippers and persons having an interest in the advancement of the temple” which disqualifies those with convictions of offences more than six months.

The court added that once applications are received, the details of those applicants ought to be exhibited so as to enable the devotees to point out any disqualifications or submit objections which should then be dealt with appropriately by the committee. The division bench also stayed the order of the Devaswom Commissioner re-appointing the 12th respondent, who was investigated previously on allegations of financial misappropriation.

Matter has been posted for June 4th, 2024.

The plea has been moved by Advocates K Mohanakannan and DS Thushara

Case Title: Manikandan MP v. State of Kerala

Case Number: WP(C) NO. 7713 of 2024

Click here to read/download the order