HC stays formation of Chamundi Temple Authority

Petition filed by Royal family states that Govt. move dilutes the Royal family’s involvement in Temple activities

Mysore/Mysuru: The Karnataka High Court (HC) has issued a temporary stay on the State Government order constituting Sri Chamundeshwari Temple Development Authority to undertake integrated development of Chamundi Hill.

The Authority aims to consolidate absolute control of the State over the Chamundeshwari Temple built by the erstwhile Mysore royal family. In response, member of the royal family Pramoda Devi Wadiyar filed a Writ Petition (WP 19807/2024) in the High Court challenging this law.

Hearing the case, a Single-Judge Bench of S.R. Krishna Kumar issued a temporary stay to the formation of the Chamundeshwari Temple Development Authority. The case was listed for hearing on 26.7.2024 and was re-listed on 1.8.2024 when the stay was issued.

The petition was filed on 19.7.2024 through Advocate Manasi Kumar and noted advocate J. Sai Deepak argued the case for the petitioner. The next date of hearing is 22.8.2024.

The High Court stay has temporarily halted the activities of the Chamundeshwari Temple Development Authority. Meanwhile, Pramoda Devi Wadiyar is holding a press conference at the Mysore Palace this evening at 4 where she will issue a statement on the Writ Petition, the Court stay and related issues.

Background

Chief Minister Siddaramaiah had proposed the establishment of the Authority in the State Budget for 2023-24 and accordingly, the ‘Sri Chamundeshwari Kshethra Abhivruddhi Pradhikara Bill-2024’ (Bill Number 10) was tabled on Feb. 19 and was passed on Feb. 21.

On March 7, 2024, the State Government enacted a new law under the Chamundi Development Authority Act. The Authority was notified through a Gazette Notification on 1.7.2024 when it officially came into force and M.J. Roopa was appointed as the Administrative Officer.

What the petition says?

In her petition, Pramoda Devi Wadiyar challenged the legality of this new Legislation. The petition highlights that Sections 2(a), 3, 12(1), 14(3), 14(4), 16(1), 17(1), 20(1)(M), and 20(2) of the Chamundeshwari Temple Development Authority are against the law and violated the traditions of hundreds of years. Additionally, the traditional worship practices conducted in the name of the royal family have been arbitrarily halted.

Section 2 (a): The Act grants the Government full authority over all facilities on the Hill, including roads, lighting, cleanliness, shops, markets, drainage, Police posts and entertainment programmes. This section removes any role of the royal family in these matters and is against the well-established customs and traditions that have been followed for hundreds of years.

Section 3: The Act gives the Government the power to structure the Authority, with the position of Chairman being held by the Chief Minister. The Authority will not include any representatives from the royal family, instead comprising local officials, Ministers, Legislators, MPs and other authorities. This effectively strips the royal family  of all powers.

Section 12 (1): The Act provides the Government with the authority to appoint staff, including archakas (priests), to the Temple. The Government also holds the power to decide on any decisions made by the Authority, with the Secretary responsible for implementing State Government orders. This arrangement further diminishes the royal family’s authority over the Authority’s operations.

Emergency decisions: The Chief Minister has been given the power to make emergency decisions regarding the Temple. The Act cuts off any decision-making authority from the royal family, centralising power with the Government and its representatives.

Full control over assets

Additionally, the law grants the power to the Authority (Government) to sell, lease, or exchange any assets. The Government has the power to approve and amend the Authority’s decisions while the royal family has no authority over the Chamundi Hill’s assets, both immovable and movable, says the petition arguing that this violated the established customs and traditions and is against the existing legal provisions.

The petition says that the historic properties of the royal family passed on from generation to generation are now fully integrated into Government control.

No share of the income

All funds from donations, offerings, service charges and hundis are under Government control. The Government and the Authority share control over the usage of these funds. The royal family has no stake in the Temple built by them, says the petition.

But… the Dev. Authority is already constituted !

Reacting to the High Court issuing a stay on the formation of Chamundeshwari Temple Development Authority, Government sources told Star of Mysore this morning that the Advocate General will inform the Court that the Authority came into force on 1.7.2024 after the Bill was passed in the State Assembly in February this year.

“While the Authority was constituted and it began functioning on July 1, the royal family filed the Writ Petition on 19.7.2024. The issue has been discussed in the Cabinet and the Assembly in detail and the Gazette Notification was issued on 1.7.2024. We will convince the Court to vacate the stay order. We are hopeful of getting a relief in the next hearing as the Advocate General will present facts before the Court,” sources added. The next date of hearing is on 22.8.2024.

This post was published on August 12, 2024 7:45 pm