The Kerala High Court had, in December 2020, held that the GDMC has no authority to contribute amounts from Devaswom funds to the CMDRF or to any other government agency.
In so ruling, a bench of Justices A Hariprasad, Anu Sivaraman and MR Anitha had set aside a judgment that had upheld the validity of Guruvayur Devaswom Board contributions to the Kerala Chief Minister’s fund.
The Court came to the conclusion based on interpretation of Sections 27 and 21 of the Guruvayur Devaswom Act, 1978.
The ruling had come after various petitioners had assailed the Guruvayur Devaswom Board’s decision to set up darshan boxes etc. for contributions to the CMDRF in the wake of the COVID-19 pandemic.
Subsequently, a review petition came to be filed against the same.
A full bench of the High Court had, in May this year, dismissed the review petitions.
The main contention in the review plea was that the judgment committed an error by holding that the scope of Section 27(c) of the Guruvayur Devaswom Act cannot be widened.
Section 27(c) allows the committee to incur expenses towards medical relief, water supply and other sanitary arrangements for the worshippers and the pilgrims and construction of building for their accommodation.
They argued that the geographical proximity of the pilgrims had no significance and the benefits provided by the temple ought to lean in favor of others also.
Rejecting this contention, the Bench instead held that the Guruvayur Devaswom Managing Committee is empowered to do only those things as may be conducive to the efficient management of the affairs of Devaswom and the convenience of worshippers coming to visit the temple.
Interpreting Section 27(c), the Bench concluded that the Section merely stipulates providing a convenient accommodation to the worshippers when they visit the temple to offer prayers.
This led to the present appeal before the apex court.
Source: Barandbench
