Subramaniam Swamy challenges Maharashtra govt's control over Pandharpur Temple in Bombay HC

Mumbai: Former member of Rajya Sabha and Bharatiya Janata Party (BJP) leader Subramaniam Swamy has filed a petition in the Bombay High Court challenging the Pandharpur Temples Act (PTA) of 1973, which empowers the Maharashtra government to take over the administration of the temples at Pandharpur.

The plea contends that the power to “permanently” takeover the administration and control of religious and non-religious activities of the temples and vest the same in the officers of the government “indefinitely” on mere allegations of mismanagement violates his fundamental rights and those of “Hindu population” under Articles 13, 14, 25, 26, 31-A of the Constitution of India.

Pandharpur Temples Act

He has prayed that the Act be struck down and a committee of priests, representatives of devotees and warkaris be constituted for proper management of the temple.

The Pandharpur Temples Act was enacted in 1973 to abolish all hereditary rights, privileges of ministrants and priestly classes functioning in the temples of Vitthal and Rukmini at Pandharpur and authorised the State to acquire those rights and privileges. Section 21 of the Act postulates that the Committee under the Act shall have perpetual succession and would be established by the State Government. The provision is violative of Article 31- A, the plea contends.

Until 2014, the religious administration of the temples' activities was entirely with the previous priests, and it was only after 2014 that the government took forcible control over the temples, the plea states.

Petition to be heard on Feb 21

Various High Courts and the Supreme Court have said that the administration of religious institutions being a secular activity, the right to administer and maintain them cannot be taken away completely. It can be taken over only for a limited period to “secure the property from the evil of mismanagement of the property,” the plea argues. After the "evil" is remedied, the administration should be handed back, it added.

Also the temples in Maharashtra are governed by the Bombay Trusts Act. However, the temples of Vitthal and Rukmini have been singled out by this Act, therefore violative of Article 14.

It adds that the role of a priest is a religious matter and any interference is violative of Articles 25 and 26 of the Constitution of India, read with freedom of faith and belief to worship under the Preamble.

The petition will come up for hearing on February 21.