Disposed

D.Jayakumar v. Travancore Devaswom Board, Represented by Its Secretary

Kerala HC1 Aug 2023WP(C)/11074/2023

Case brief

AI extract

What is this about?

Court disposed of writ petition seeking quashing of election notification and permission to contest election to Temple Advisory Committee. Directed Vigilance Officer to enquire into allegations against former committee and de facto re-elected body. Reliefs declared infructuous as election completed but directions issued regarding accounts and recovery.

What did the court decide?

Directed CVO Travancore Devaswom Board to conduct enquiry; 2nd respondent to consider representations after giving opportunity; Board to recover losses if any.

D.Jayakumar Vs Travancore Devaswom Board, Represented… — Company and Corporate | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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TUESDAY, THE 1^ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 W.P.(C) NO. 11074 OF 2023

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PETITIONERS:

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1 D.JAYAKUMAR AGED 50 YEARS S/O A. DASAN NADAR, PANDALVEEDU, BHAGAVATHINADA.P.O, THIRUVANANTHAPURAM, PIN – 695501.

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2 S. PRADEEP KUMAR, AGED 52 YEARS, S/O N. SADASIVAN NAIR, PANKAJA VILASAM, BHAGAVATHINADA.P.O, THIRUVANANTHAPURAM, PIN – 695501.

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3 N.S.VIMAL KUMAR AGED 45 YEARS, S/O V. NARAYANAN NAIR, THRIKKARTHIKA, BHAGAVATHINADA.P.O, THIRUVANANTHAPURAM, PIN – 695501.

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4 S.ARUN KUMAR, AGED 42 YEARS, S/O B. SASIDHARAN NAIR, INDIRA SADANAM, BHAGAVATHINADA.P.O, THIRUVANANTHAPURAM, PIN – 695501.

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5 R.ANAND, AGED 55 YEARS, S/O S.RAMACHANDRANASARY, GANAPATHI VILASAM, BHAGAVATHINADA.P.O, THIRUVANANTHAPURAM, PIN – 695501.

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6 D.JAGADEESAN THAMPI, AGED 68 YEARS, S/O DAMODARAN PILLAI, PUNARTHAM, BHAGAVATHINADA.P.O, THIRUVANANTHAPURAM, PIN – 695501.

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W.P.(C) No.11074 of 2023

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7 GOPAN D. AGED 48 YEARS, S/O A. DASAN NADAR, KARTHIKA KANAVILA VEEDU, BHAGAVATHINADA.P.O, THIRUVANANTHAPURAM, PIN – 695501.

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BY ADV D.AJITHKUMAR

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RESPONDENTS:

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1 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM, PIN – 695003.

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2 DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM, PIN – 695003.

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3 DEPUTY DEVASWOM COMMISSIONER OFFICE OF THE DEPUTY DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NEYYATTINKARA GROUP, NEYYATTINKARA.P.O, THIRUVANANTHAPURAM, PIN – 695121.

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4 ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NEYYATTINKARA GROUP, NEYYATTINKARA.P.O, THIRUVANANTHAPURAM, PIN – 695121.

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5 THE SUB GROUP OFFICER, VENGANOOR BHAGAVATHINADA TEMPLE, BHAGAVATHYNADA.P.O, BALARAMAPURAM, THIRUVANANTHAPURAM, PIN – 695501.

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6 P.S.MOHANACHANDRAN, AGED ABOUT 50, KAVERIBHAGAM, BHAGAVATHI NADA.P.O, BALARAMAPURAM, THIRUVANANTHAPURAM - 695 501.*

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W.P.(C) No.11074 of 2023

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7 S.PRAVEEN KUMAR, AGED ABOUT 55, PRANAVAM, BHAGAVATHI NADA.P.O., BALARAMAPURAM, THIRUVANANTHAPURAM - 695 501.*

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*ARE IMPLEADED AS PER ORDER DATED 10/04/2023 IN IA 3/23.

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BY ADVS.

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R1 TO R5 BY SRI G. SANTHOSH KUMAR - STANDING COUNSEL-TRAVANCORE DEVASWOM BOARD R6 & R7 BY SRI D.AJITHKUMAR R6 & R7 BY SRI J S AJITH KUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.11074 of 2023

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JUDGMENT

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P.G. Ajithkumar, J.

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The petitioners are the Vice President, Secretary, Joint Secretary and Members of the Temple Advisory Committee of Venganoor Bhagavathinada Devi Temple. They were elected on 24.10.2019. The term of the said Temple Advisory Committee was till October, 2021. But the term was extended initially for six months as per the order dated 13.10.2021. The term was extended subsequently also. However, as per Ext.P2 order dated 04.01.2023, their term was restricted till 22.01.2023. Election to the new Temple Advisory Committee was notified. Ext.P5 is the notification dated 29.03.2023. Pursuant to complaints that the erstwhile Temple Advisory Committee did not submit accounts, members of that committee were not permitted as per Ext.P6 order to partake the election. Ext.P9 is the notification issued by the 4^th respondent notifying the election to be held on 11.04.2023. In the said circumstances, the petitioners filed this Writ Petition claiming the following reliefs:-

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W.P.(C) No.11074 of 2023

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“(i) To issue a writ of certiorari or other appropriate writ order or direction to call for entire records leading to Ext.P5 notification of the 5^th respondent and quash the same;

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(i)a To issue a writ of certiorari or other appropriate writ order or direction to call for entire records leading to Exts.P6 and P9 and quash the same;

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(ii) To issue a writ of mandamus or other appropriate writ order or direction directing the respondents to permit the petitioners to contest election to the Temple Advisory Committee of the Venganoor Bhagavathinada Devi Temple.”

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As per the order dated 10.04.2023 in I.A.No.4 of 2023, the Writ Petition was allowed to be amended. On the same day, as per the order in I.A.No.3 of 2023 additional respondents 6 and 7 were impleaded. The learned Standing Counsel for Travancore Devaswom Board took notice for respondent Nos.1 to 5. Additional respondents 6 and 7 entered appearance through their counsel.

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Respondents 1 to 5 filed a counter affidavit stating that election to the new Temple Advisory Committee had taken place on 11.04.2023 and the new committee took charge. Allegations levelled against the petitioners of various

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W.P.(C) No.11074 of 2023

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misdeeds and also non-submission of statement of accounts

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in compliance to the directions contained in Ext.P4 bye-law

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and Ext.R1(a) circular are highlighted in the counter affidavit. Paragraph Nos.3 to 7 in the counter affidavit are as follows:-

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“3. It is submitted that the tenure of the erstwhile Temple Advisory Committee got expired on 22/01/2023. The TAC was directed to produce the income and expenditure account expenses within one month for conducting audit. On 16/01/2023 notice was issued for the same. It is pertinent to notice that proper accounts are not yet produced. Now during the pendency of this Writ Petition only, Ext.P-8 accounts are produced. The same cannot be considered as accounts in any manner as it not in the audited format. Moreover it is highly necessary that Bank pass book details and bank statement of the joint account is also necessary along with the accounts especially when there is allegation against the erstwhile temple advisory committee that the accounts were not operated through the bank account.

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It may be noted that as regarding producing of the accounts by the TAC is concerned, there is a Circular numbered as FAO No.330/12/NS dated 01/08/2013 issued by the Finance and Accounts Officer of the Travancore Devaswom Board. As per the said Circular, the Temple Advisory Committee is duty bound

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W.P.(C) No.11074 of 2023

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to produce certain documents which is necessary along with the production of income and expenditure statements. As per the same, auction diary, stock register of products, income register, expenditure register, receipt books, minutes book of the committee, copies of programme notices/pamphlets, cheque register, cheque book, pass book etc., are to be maintained by the committee. A true copy of the Circular numbered as FAO No.330/12/NS dated 01/08/2013 issued Accounts Officer of the Travancore Devaswom Board is produced herewith and marked as Exhibit R-1(a).

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It is submitted that apart from that with regard to the conducting of Thrikarthika Maholsavam held during 1148 ME, Sealed coupons were issued to the TAC. However it was found that the TAC had not started any joint bank account as stipulated in Clause 9.4 of the bye-law. Even inspite receiving a letter dated 22/12/2022 from the Sub Group officer, the TAC was not ready to start the joint account. As a result, the Assistant Devaswom Commissioner had filed a report dated 21/02/2023 to the Devaswom Commissioner. The erstwhile TAC was fully aware regarding the fact that they had not submitted the accounts and that there are serious allegations against them also.

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It is further submitted that the complaint raised against the erstwhile TAC is that they had collected

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W.P.(C) No.11074 of 2023

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funds without sealed coupons is serious in nature and the same violates Clause 18 of the bye-law and therefore the Devaswom Commissioner vide Ext.P-6 has directed the Assistant Devaswom Commissioner to enquire into the allegations. Therefore the exclusion of the erstwhile TAC from the meeting held on 11/04/2023 is absolutely justifiable.

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It is further submitted that the temple advisory committee was elected in the meeting held on 11/04/2023 and the same was completed after complying all the procedures as contemplated in the bye-law.”

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Heard the learned counsel appearing for the petitioner, the learned Standing Counsel for the Travancore Devaswom Board and the learned counsel appearing for respondents 6 and 7.

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Ext.P6 is the direction issued by the 3^rd respondentDevaswom Commissioner to the 4^th respondent-Assistant Devaswom Commissioner to take steps for constitution of a new Temple Advisory Committee. In fact, this Court directed as per Ext.P3 judgment in W.P.(C) No.5767 of 2023 to complete the process of election to the Temple Advisory Committee of Venganoor Bhagavathinada Devi Temple within

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a period of two months. It was in compliance with the said direction, the process was initiated. Ext.P9 is the notification dated 11.04.2023 for the election of the Temple Advisory Committee for the year 2023-25. In the counter affidavit filed by respondent Nos.1 to 5 it is stated that the election of the Temple Advisory Committee pursuant to Ext.P9 notification was held on 11.04.2023. The new Temple Advisory Committee has thus been constituted.

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The grievance of the petitioners is that they were excluded from contesting the election held on 11.04.2023 to the Temple Advisory Committee illegally. Going by the provisions of clause (18) in Ext.P4 bye-law the restriction is against becoming a member of the Temple Advisory Committee for consecutive terms. These petitioners did not hold the office of the Temple Advisory Committee for a consecutive period, but their term was extended only, and therefore, restraining them from contesting the election to the Temple Advisory Committee for the year 2023-25 is violative of Ext.P4 bye-law. From the counter affidavit filed by

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W.P.(C) No.11074 of 2023

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respondents 1 to 5 it is seen that the essential reason for excluding the petitioners from contesting the election is not only the bar contained in clause (18) of Ext.P4, but also due to the reason of their non-submission of the audited accounts of the committee during their period, especially the statement of accounts pertaining to Karthika Maholsavam-2022.

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During the course of arguments, the learned counsel appearing for the petitioners would submit that the petitioners have already submitted audited accounts before the 5^th respondent-Sub Group Officer and the allegations levelled against the petitioners are totally false. The allegations against the petitioners include collection of funds unauthorisedly. It is alleged that they collected money without issuing sealed coupons obtained from the Board, which is absolutely essential to make any collection. Considering the allegations levelled against the petitioners and other members of the erstwhile Temple Advisory Committee, it is necessary to have a detailed enquiry into the said allegations. Since the election of the Temple Advisory Committee for the period

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W.P.(C) No.11074 of 2023

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2023-25 is already over, the reliefs claimed in the Writ Petition have come infructuous. None of the reliefs claimed in the Writ Petition is therefore liable to be allowed. At the same time, the allegations levelled against the petitioners require detailed

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enquiry. The enquiry has to be conducted by the Chief Vigilance Officer, Travancore Devaswom Board. In answer to Ext.P6, the Temple Advisory Committee has submitted a representation before the 2^nd respondent-Devaswom Commissioner, which is Ext.P7. Since the election of the new Temple Advisory Committee is already over, what is required is only a direction to consider Ext.P7 and take appropriate decision on it. The 2^nd respondent shall give an opportunity to

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the petitioners to present their submissions in support of Ext.P7 and also consider the report of the Chief Vigilance Officer before taking a decision on it.

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The Writ Petition is accordingly disposed of with the following directions:-

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i) The Chief Vigilance Officer, Travancore Devaswom Board is directed to conduct a detailed enquiry into the allegations levelled against the previous Temple

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Advisory Committee, to which the petitioners were office bearers and members;

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ii) The 2^nd respondent is directed to consider and pass orders on Ext.P7 after giving an opportunity of being heard to the petitioners and on taking into account the report of the Chief Vigilance Officer of the enquiry mentioned above; and

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iii) The Travancore Devaswom Board shall take necessary steps to recover, in such enquiry by the Chief Vigilance Officer, any loss is found to have occasioned to the Temple or the Devaswom Board, from the persons who are responsible for such loss.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/P.G. AJITHKUMAR, JUDGE

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dkr

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W.P.(C) No.11074 of 2023

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APPENDIX OF WP(C) 11074/2023

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT BOARD VIDE R.O.C. NO.9468/22/NS DATED 07.10.2022 Exhibit P2 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT VIDE R.O.C. NO.9468/22/NS DATED 04.01.2023 Exhibit P3 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN W.P. (C) NO. 5767 OF 2023 DATED 22.2.2023 Exhibit P4 TRUE COPY OF THE TEMPLE ADVISORY COMMITTEE RULES DATED 30.11.2011 ISSUED BY THE 1ST RESPONDENT BOARD Exhibit P5 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 5TH RESPONDENT TO CONVENE GENERAL BODY FOR THE ELECTION TO THE TEMPLE ADVISORY COMMITTEE OF THE VENGANOOR BHAGAVATHINADA DEVI TEMPLE ON 29.03.2023 AT 9.00 AM Exhibit P6 TRUE COPY OF ORDER OF THE 2ND RESPONDENT VIDE ROC.NO. 20112/19/NS-I DATED 28.02.2023 Exhibit P7 TRUE COPY OF REPLY DATED NIL SUBMITTED BY PETITIONERS BEFORE THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE ACCOUNT STATEMENTS FOR 'THRIKARTHIKA MAHOLSAVAM 2022' OF THE VENGANOOR BHAGAVATHINADA MAJOR SREE BHAGAVATHI KSHETHROPADESHAKA SAMITHI

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W.P.(C) No.11074 of 2023

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Exhibit P9 TRUE COPY OF THE NOTICE DATED 01.04.2023 ISSUED BY ASSISTANT DEVASWOM COMMISSIONER, NEYYATTINKARA

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RESPONDENT EXHIBITS

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EXHIBIT R-1(A) A TRUE COPY OF THE CIRCULAR NUMBERED AS FAO NO. 330/12/NS DATED 01/08/2013 ISSUED BY THE FINANCE AND ACCOUNT OFFICER OF TRAVANCORE DEVASWOM BOARD

D.Jayakumar v. Travancore Devaswom Board, Represented by Its Secretary

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D.Jayakumar v. Travancore Devaswom Board, Represented by Its Secretary

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