New Delhi:The Supreme Court on Tuesday appointed a retired judge of the Kerala High Court as an administrator to conduct administration and management elections of the ancient Oachira Parabrahma Temple and its allied institutions in a "free and fair manner".
A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and R Mahadevan noted the temple was unique, ancient and historical, spreading across a sprawling of 21.25 acre and had a hospital, a nursing college and a nursing school to cater to the needs of the general public.
"In the given facts, it is imperative to restore, protect and preserve temples and their properties with utmost care," the bench underscored. The bench therefore appointed retired high court judge Justice K Ramakrishnan as the administrative head/administrator to conduct the election.
It said the administrator shall commence the election process by finalising and publishing the voters' list and complete the exercise strictly in accordance with the bye-laws of the temple within four months.
The apex court delivered its verdict on the appeals challenging two orders passed by the Kerala High Court in the matter concerning the temple. The top court said the administrator could appoint two officers -- one in the cadre of retired district judge and another in the legal profession -- to assist him for a speedy completion of the assignment.
"In that view of the matter, we pass the following orders: (i) Justice K Ramakrishnan, a retired judge of High Court of Kerala is appointed as administrative head/administrator to conduct election for the administration and management of the subject temple and its allied institutions, in a free and fair manner," it said.
The bench noted "an admitted fact" that the suit for framing of scheme for the temple was pending before the district court and stood at the stage of final decree.
"In such circumstances, we feel that it is just and necessary to conduct election under the aegis of a new administrative head/administrator, for the smooth and effective administration of the subject temple and the institutions thereunder, which proposition has been agreed upon by the senior counsel appearing on behalf of all the parties," it said.
The top court said the administrator shall be paid an honorarium of Rs 2 lakh a month, apart from reimbursement of all the expenses incurred by him towards the discharge of his duties, from the funds maintained by the temple.
It said in case, the administrator appointed a retired district judge and an advocate for his assistance, the retired judicial officer shall be paid monthly honorarium of Rs 75,000 and the lawyer would get Rs 50,000 a month. "The administrative head/administrator shall incur all the expenses for smooth conduct of election and administration of temple and its institutions from and out of the funds maintained by the subject temple," the bench said.
The administrative head was further allowed to approach the trial court for any clarification or directions relating to conduct of election, administration and management of the temple and its institutions.
"In view of the order thus being passed by us, the administrative head/administrator/advocate commissioner appointed by the high court, ceases to exist and hence, they are directed to hand over the charge/accounts to the newly appointed administrative head/administrator with immediate effect," held the top court.
"The newly appointed administrator/administrative head shall manage the affairs of the temple/samithis until the election(s) is/are held and shall handover the charge to the elected body," the bench said, "the existing arrangements relating to the functions, duties and affairs of the temple and its institutions shall continue, until further orders from the trial court".
The trial court was ordered to complete the final decree proceedings in the suit filed for framing of scheme as expeditiously as possible. The matter has been posted after four months for reporting compliance. The apex court noted that according to the averments made in the appeals, the temple was a unique, ancient and historical one as there was no building, consecrated idol or deity and sanctum sanctorum.
The bench noted the management of the temple and its institutions were governed by the bye-laws of the temple and in 2006, some devotees filed a suit before a district court in Kollam for a scheme for the administration of the temple and its institutions which subsequently reached the high court.
