The Karnataka High Court on Thursday dismissed an appeal filed by Sri Vinayaka Seva Samithi of the Ganesha temple at Jayanagar 4th Block challenging a single judge order upholding the government's move of taking over the temple.
The government had declared the temple as a 'declared institution' under the provisions of the Section 42 and 43 of the Karnataka Hindu Religious Institutions and Charitable Endowment Act.
A division bench of Chief Justice Subhro Kamal Mukherjee and Justice R B Budihal dismissed the petition challenging the fresh notification of the state government issued in August to take over the temple. The bench held that the Samithi, registered under the Societies' Act, should have maintained proper accounts of each and every income and expenditure of the temple.
"We do not find that the state government acted illegally or without jurisdiction in declaring the temple as declared institution," the bench held.
The Samithi claimed that the government had passed an order appointing an administrator to the temple on January 2, 2014, based on false allegations made by certain disgruntled elements in the management. When Samithi challenged this order in the high court, a single judge allowed the administrator's appointment and directed the government to initiate an enquiry.
The enquiry's findings revealed that the Samithi had not been maintaining the accounts and there was a possibility of misuse of crores of rupees collected from Hundi and other sources of the temple. The government took over the temple based on the findings of the enquiry report and issued a fresh notification in August 2016.![]( "Karnataka High Court. DH file photo")
The Karnataka High Court on Thursday dismissed an appeal filed by Sri Vinayaka Seva Samithi of the Ganesha temple at Jayanagar 4th Block challenging a single judge order upholding the government’s move of taking over the temple.
The government had declared the temple as a 'declared institution’ under the provisions of the Section 42 and 43 of the Karnataka Hindu Religious Institutions and Charitable Endowment Act.
A division bench of Chief Justice Subhro Kamal Mukherjee and Justice R B Budihal dismissed the petition challenging the fresh notification of the state government issued in August to take over the temple. The bench held that the Samithi, registered under the Societies’ Act, should have maintained proper accounts of each and every income and expenditure of the temple.
"We do not find that the state government acted illegally or without jurisdiction in declaring the temple as declared institution,” the bench held.
The Samithi claimed that the government had passed an order appointing an administrator to the temple on January 2, 2014, based on false allegations made by certain disgruntled elements in the management. When Samithi challenged this order in the high court, a single judge allowed the administrator’s appointment and directed the government to initiate an enquiry.
The enquiry’s findings revealed that the Samithi had not been maintaining the accounts and there was a possibility of misuse of crores of rupees collected from Hundi and other sources of the temple. The government took over the temple based on the findings of the enquiry report and issued a fresh notification in August 2016.
The government had declared the temple as a 'declared institution' under the provisions of the Section 42 and 43 of the Karnataka Hindu Religious Institutions and Charitable Endowment Act.
A division bench of Chief Justice Subhro Kamal Mukherjee and Justice R B Budihal dismissed the petition challenging the fresh notification of the state government issued in August to take over the temple. The bench held that the Samithi, registered under the Societies' Act, should have maintained proper accounts of each and every income and expenditure of the temple.
"We do not find that the state government acted illegally or without jurisdiction in declaring the temple as declared institution," the bench held.
The Samithi claimed that the government had passed an order appointing an administrator to the temple on January 2, 2014, based on false allegations made by certain disgruntled elements in the management. When Samithi challenged this order in the high court, a single judge allowed the administrator's appointment and directed the government to initiate an enquiry.
The enquiry's findings revealed that the Samithi had not been maintaining the accounts and there was a possibility of misuse of crores of rupees collected from Hundi and other sources of the temple. The government took over the temple based on the findings of the enquiry report and issued a fresh notification in August 2016.
The Karnataka High Court on Thursday dismissed an appeal filed by Sri Vinayaka Seva Samithi of the Ganesha temple at Jayanagar 4th Block challenging a single judge order upholding the government’s move of taking over the temple.The government had declared the temple as a 'declared institution’ under the provisions of the Section 42 and 43 of the Karnataka Hindu Religious Institutions and Charitable Endowment Act.
A division bench of Chief Justice Subhro Kamal Mukherjee and Justice R B Budihal dismissed the petition challenging the fresh notification of the state government issued in August to take over the temple. The bench held that the Samithi, registered under the Societies’ Act, should have maintained proper accounts of each and every income and expenditure of the temple.
"We do not find that the state government acted illegally or without jurisdiction in declaring the temple as declared institution,” the bench held.
The Samithi claimed that the government had passed an order appointing an administrator to the temple on January 2, 2014, based on false allegations made by certain disgruntled elements in the management. When Samithi challenged this order in the high court, a single judge allowed the administrator’s appointment and directed the government to initiate an enquiry.
The enquiry’s findings revealed that the Samithi had not been maintaining the accounts and there was a possibility of misuse of crores of rupees collected from Hundi and other sources of the temple. The government took over the temple based on the findings of the enquiry report and issued a fresh notification in August 2016.