Supreme Court orders status quo in plea challenging non-hereditary trustees for Sree Emoor Bhagavathy Temple

The Supreme Court on Monday issued notice and directed that status quo to be maintained in a petition challenging a Malabar Devaswom Board notification inviting applications for the position of non-hereditary trustees at Sree Emoor Bhagavathy temple in Palakkad. .The order was passed by a bench of Justices Hemant Gupta and Sudhanshu Dhulia on an appeal filed by two hereditary trustees of the temple, claiming that the Kerala High Court in July 2022 erred in rejecting their case contesting the Board's notification..The plea stated that the Commissioner of the Board, before inviting applications, failed to demonstrate that the institution's affairs were unlikely to be properly managed by the petitioners, except by citing their old age."The age of the hereditary trustee is not a disqualification and it cannot constitute a valid reason to appoint nonhereditary trustees. The hereditary trustees are capable of discharging their functions," the petition stated..On behalf of the petitioners, it was contended that the Madras Hindu Religious and Charitable Endowments Act (HR&CE Act) requires hereditary trustees to be given notice and a hearing before non-hereditary trustees are appointed, and that no notice was given and no hearing was held before the Commissioner issued the notification.Further, it was claimed that the Act allows for the appointment of non-hereditary trustees only when there is proof, based on an enquiry conducted in accordance with statute, that the hereditary members are not likely to manage the institution properly, and that no such investigation was conducted."All annual festivals and intermittent festivals are conducted under the auspicious of hereditary trustees with their proactive support of Palakkattussery Sevana Samajam which is the body corporate of royal family members nominating hereditary trustees. In the absence of such a finding or report, it is highly improper and egregious to appoint nonhereditary trustees," the plea stated..The petitioners, therefore, prayed for an opportunity to be heard, claiming that they have an unblemished record of managing the institution and that the appointment of non-hereditary trustees was an attempt by the board to take control of the temple's affairs..Senior Advocate Dama Seshadri Naidu and advocates Siddharth R Gupta and Sriram Parakkat appeared for the appellants.