NEW DELHI, INDIA, August 3, 2005: In an order that could have a bearing on the management of temples, the Supreme Court has said a priest's right to offer prayers to a Deity on hereditary basis was a private right having nothing to do with the public duty performed by a trust managing the temple. A pujari (priest) filing a suit claiming right for paying obeisance to the Deity on hereditary basis could not be termed as an attempt to exercise a public right in a temple run by public trust, a bench comprising Justice B.P. Singh and Justice Arun Kumar said in a recent judgement. Sivaram and others, claiming to be hereditary archaks (prayer offerers) of a temple, filed a suit for declaration of their right to perform prayers in a temple after trustees of the temple run by a public trust sought to remove them from archakship. The trustees opposed the trial court entertaining the suit on the ground that the temple was under a public trust registered under the Bomb !
ay Public
Trusts Act, 1950 and that the suit filed for declaration of right for puja was directly related to administration and management of the public trust. Hence, without making the trust a party in the suit for declaration of hereditary right, the trial court could not entertain the suit. This plea was rejected by both the trial court and the High Court. Upholding the view of the High Court, the Supreme Court said, "The right to archakship is an individual and personal right enforceable under ordinary law. There was no direction sought from the court for administration of a public trust". Noticing the pendency of the suit of the pujari for last 10 years, the apex court directed expeditious disposal of the case.
HPI adds: The significance of this suit is not entirely clear to us, but it relates to the situation where the traditional priests of a temple (often the same families serving hundreds of years) have been removed from their posts by government-appointe d temple man!
agers.
They have then been replaced by priests recruited from any source.
courtsey: www.hinduismtoday.com
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