Bombay HC Sets Aside Charity Commissioner's Circular Barring Priests/Pujaris From Becoming Trustees Of Temple Trust [Read Order]

A division bench of Justice Akil Kureshi and Justice SJ Kathawalla heard a batch of petitions filed by priests from various temples in the State, challenging the said circular.

The circular dated November 13, 2017 read-

"At many places, whether Pujari's and other persons are taking income. The beneficiary of Devasthan cannot became trustees. Hence, make the necessary changes in the Scheme of the trust and appoint other trustees"

Advocates NP Dalvi, VS Talkute and Tanaji Mhatugade argued on behalf of the petitioner priests. They submitted that there is no such embargo (on priests becoming trustees) envisaged under the Maharashtra Public Trusts Act.

By virtue of the said directives, all beneficiaries such as Pujaris of the trusts are prevented from being appointed or continued as trustees of the trust, they said. Then they relied upon the judgment of Supreme Court in case of Trambakeshwar Devasthan Trust & Anr. Vs. President, Purohit Sangh & Ors to contend that said directives are not in accordance with law.

Whereas AGP PG Sawant and AGP PN Diwan appeared on behalf of the State and argued that the said circular has been issued for better management of temple trusts and is in public interest.

Court examined the decision of the apex court in the said judgement. Coincidentally, Supreme Court endorsed the Bombay High Court's view in the said case wherein, High Court drew a distinction between "person having interest in the trust" and "person having conflict of interest in the trust."

Importantly, the apex court observed-

"The High Court has rightly held that Tungars, Purohits and Pujaris have interest in the trust and not necessarily an interest which is in conflict with the interest of the trust. We are also of the view that in most of the decisions of the Board of Trustees, there would not be a conflict of interest between that of the trust and that of the Tungars, Purohits and Pujaris. Rather, representation of Tungars, Purohits and Pujaris in the Board of Trustees may be necessary to ensure the smooth functioning of the temple."

Thus, the bench set aside the embargo on priests from becoming trustees.