Kerala HC rules, ‘active politicians’ cannot be Temple Trustees

The case was filed after two members of the CPI (M) and one from the DYFI were appointed as non-hereditary trustees of a Temple in Kerala. The HC observed that only worshippers can be trustees

Active politicians cannot be appointed as a non-hereditary trustee in a Temple, the Kerala High Court has ruled.

The order was passed after hearing a petition against the appointment of two CPI(M) and Democratic Youth Federation of India (DYFI) workers as non-hereditary trustees at the Sree Pookkottukavu Temple in Palakkad district.

The court also directed the Malabar Devaswom Board to ensure that the appointment of a non-hereditary trustee in the Temples under its control is done according to the directions of the Supreme Court.

A Bench comprising Justices Anil K Narendran and P G Ajithkumar said, "the terms are used disjunctively. So persons who are actively involved in politics, whether or not they hold any posts in a political party arre ineligible."

The petitioners had challenged the appointment of non-hereditary trustees on two grounds, firstly that they were office bearers of a political party and second they had criminal cases pending against them.

The petitioners alleged that respondent 6 was a local committee secretary of the CPI (M), Pookkottukavu Unit while the 7th respondent was a branch secretary of the Pookkottukavu of the CPI (M). The 8th respondent was the Meghala Secretary of the DYFI, the petitioners said.

Respondents 6 and 7 said it was only after their appointments as trustees did they become office bearers of political parties. Hence at the time of their appointment, they were not disqualified for the post. The 8th respondent contended that the DYFI is not a political party and hence he could be barred from being a trustee.

The court however did not agree with the contention of the respondents.

""It is a matter of common knowledge that the functioning of a political party and selection/election of its office bearers is not similar to public employment. Whichever be the political party, one who is actively involved in the activities of that political party alone is ordinarily selected/elected as an office bearer. Having been selected as office bearer of the political party/DYFI before or soon after the appointment as non-hereditary trustees, respondent Nos.6 to 8 cannot contend that they were not active politicians. Not much deliberation is required in that regard in order to conclude that respondent Nos.6 and 7 were active politicians and respondent No.8 was an active worker of DYFI even at the time of their making applications for appointment as non-hereditary trustees and also appointment," the Bench observed.

The High Court said that the constitution of the DYFI makes it clear that its activities are related to the area of politics. It cannot be said that its activities are non-political the court said.

"In such circumstances, we are of the view that respondent Nos.6 to 8 were disqualified to be appointed as non-hereditary trustees at the time of their making applications and appointment, on account of their involvement in active politics," the court held.

Worshippers as trustees:

The court said that the condition prescribed in the notification was 'persons who are convicted for mote than six months for offences involving moral turpitude are alone ineligible to be non-hereditary trustees.' The same notification however mentions that persons applying for the post, 'shall be idol worshippers and persons having interest in the advancement of the Temple. They should be people used to be involved in the affairs of the Temple.'

"A person facing criminal prosecution for an offence involving moral turpitude cannot be considered a true worshipper of that standard required for a person to be appointed as a trustee in a Temple," the court held.