Pujaris can be made temple trustees as Bombay HC sets aside curb

The Bombay high court (HC) has set aside a portion of a circular issued by the charity commissioner to temple trusts on November 13, 2017, wherein pujaris have been restricted from being part of the trust of a temple as they take an income from the temple.

The Bombay high court (HC) has set aside a portion of a circular by the charity commissioner, wherein pujaris have been restricted from being part of the trust of a temple. The HC was hearing a clutch of petitions filed by pujaris from across the state who were aggrieved by the tone of the circular which was issued to temple trusts.

The court held that as the service of the pujaris was not in conflict with the interests of the temple, they could be trustees. (HT Photo)

According to the circular, pujaris cannot be made trustees as they take an income from the temple.

The division bench of justices Akil Kureshi and SJ Kathawalla was informed by the petitioners through advocates NP Dalvi, VS Talkute, Tanaji Mhatugade, and Shrishail Sakhare, that the charity commissioner had issued a circular to temple trusts on November 13, 2017, wherein it had directed them to amend their scheme.

The advocates cited a portion of the circular which read: “At many places, whether pujaris and other persons are taking income (sic) the beneficiaries of the Devasthan cannot become trustees. Hence, make the necessary changes in the Scheme of the trust and appoint other trustees.” The advocates said that such an assumption by the charity commissioner was objectionable, and should be removed. They further said that as the Maharashtra Public Trusts Act did not have such an embargo, the commissioner was wrong in including it in the circular.

The bench referred to the observations of the Supreme Court (SC) in the Trambakeshwar Devasthan Trust matter, wherein it was held that those persons who have a conflict of interest with the trust, are ineligible to be appointed as trustees. The Apex court further held that as the service of the pujaris was not in conflict with the interests of the temple, they could be trustees.

In light of the SC ruling, the HC bench set aside the quoted portion of the circular and said that any action taken with regards to the said directives would also be set aside.