Shri K Gopalakrishna Bhat vs State Of Karnataka on 30 October, 2009

12 am’ N1RAN;1ANIRsH1;*i*rY 5 _
w/0 SHRI KENYA RAVii€I?}’2Ai$IAT§{ s;22,§st;*T¥_
AGED ABOUT 58 YEARS — _ i
R3.’3SiDING ATKJRAN NE”i;.’:’xYA ‘ ”

KENYA v1LLA;PsoT..~: . ;
sU:,LIATt§1;j;Iz:’z5Tstitutioz1 of india with a prayer {:0 qriash

AIiI1€;?{L1I’€” 55?. ififfiéeedhzgs dated 15.03.2008 agpointing

— R4» 1::c:}_i9?;12_a’s* 7J_m¥:mbe1*s cf Committee of Management 0?’

Shri Pai’i1;*3:.ra’ if-‘a:1c:haiiI”;geshwa1a Templar,

” *T11i$s Writ getition Gaming on for prelirninary
this day, the Qourt made the following:

OREJER
The petitioncfis case is that thé temple in quesfien

was gsvemad by the p1*0visi9ns of the ”

Religious ixmtitutions and Charitable I+3I’:{1<)12;:;f1§;_'c:.f;1Vté.T.:;r'&L§4:LA, 3 _

new governed by the '1 I_
Institutions and Ch::11*ita131eV.'*u3;i1do4*&3tn:';;;:t:r1ts V
Before adverting to the is to V"t3':3« £'t1ai
the challenge to the by in

W.A.N0.3522/2005 arid'..t.h:;'$-..{.2'é§11i1fft"fi£;$"::§VjuEed that the

emirae emac;t.'11_$'nt i§§:u1tI'*aVire$ 'ofwflfie: Constitution. It is

not in dispijte' his in apprise} befora the

FWGX C_013I't' €.hf:ré..V is interim stay of the: order

""*pa$3:%§££1~ this the Writ appeal. Later on

mgodifieé insofar as Section 25 of the Act

is ¢e::é€m¢dL:§.1:é~1smuch as it steed vacated an 30% July.

2;' @3146 Committea of the Management of £116

A ié_::11;:1:¢'A.'Consists of rzine membars and their duration is

V' years. 021% cf the rssidants of the vifiage fiied £1 Writ

— pet:ition befare this Court in W.P.Na.179m/200?

w

J

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inasmuch as rm elactien was held far the Cumznittae for

cver 3. p€I’i€)C1 of time. This Court disposed cf thgé

petition directing the 211′! I’€Sp{)I}d€I1t .

perssnaily 01″ through an Gfficial of hjsp to u

convene the meeting of the D€V0f€§€S ;’_:)f. :”i–;:1 1:j

question within a period of tefi__€i–ays %

2008 and conduct the ‘__e}ec’¥:io:IV1._L::__vt§*;x.._<~f:z tfiistécés the
temple. Ii was also the devotees
may elect the req§1:7§d that (13.3%.
It is further "'t-353$ so electad are

directed tg _V 1' 'ii '<.§51'a1j;:1g*£:1g Trustee amongst

themselvsé

fé"tg'1e' directjans issueé by this {3<}"1,1rt

..§:'«;;§:eé 0'? 133.2608 was published at}.

Q VV 1§.0:.'.}.,_'Q(}()8; was gven a viée puhiicity iI}€3.S3;[}.L'£{I§1

-. it was cfilspiayed in promixzent piasefi in thc Village as

the ifiistrict Offica. Pursuarlt t0 the me€t.1I}’ g

. on 15.03.2898 the nine members to the committee

iiad been electefi. Aggrisved by the saici eiection of nine

memmrs, pet.it2c}I1eri$ befsrs this Court

– 5 –

4. The iearned counsel appearing for the petitioner

submits that atieast a foI*tI1ight’s time ought io

been given between the date of publication of _

and the date of election. He eubmite that ii

days was given, which was who113}».:4iI1e;,Lffieie:it.’
residents of the village and neéfby to
elect a Committee to the TI’e1:op1e_._Vi_i: ~ L i. i H’ V’

5. Mr. G. T counsel
apgjearing for the the 211d

respondeiat wee this Court to hold election

within a ” ~.Ei”he said mandate has been

“f(}110Wt’§i3:. :i4ie1}ee,i ii; ie__z}.c:;t: open for the petitioner new to

V’eo1:i,e11dTA ;’:’3»irI11″fi{)i6Iit time was not gven between the

date and the claee of meeting.

.. Mr.N.B.Vishwana£h, learned Adciitional

§:’:oeet’;’iment Advocate apeeafixig for responéente 1 to 3

Vi .:’_4:e’:;1¥:);i:::z.ite that the direction issued by this Court has

A 9′ oeen followed.

‘7. I haw: pemzsed the pamrs and also the order
passed by this Court on the eariior occasion,
Apparently, this Court directeé that {he e}ecfioI;,,,S:”%7§;:;i§;§%:,, n
he heid Within a perioé of ten days. It is ‘ M
the order as to whether the said
date of the notification or fi’oV::3._4the’1’d.2;o,te A. of ‘V
Be that as it may, we have to the
by this Court, which ten
days can be from the the date of
hoiding of noticed that
the maxflate Within ten. days, which

has been 60516 the notification is dated

,,,,o7.o3,.o:§>,oo3 wit}: »ah¢,;1&a§:e on 15.03.2008 for holding of

V ‘ ‘ i;h31fl3ootiI_1§w ” “* _

,8, oegard to the fact that thfii meeting is

‘hold to the order passed by this Court, I am of

ikiérxv that at this point of time, the question of

V. –.. 1:1p%t1:i1″1g the election, which was held on 15.03.2008,

E3053 not arise. I do not find any merit ii} unis petition.

Petition stands rqected &

9. Mr.N.B.Vishwanath, ieaxrned

Goverrninerit Advocate appearing for respmndenifi *

is permitted to file meme of appeamsxce

weeks.

SP5