VINAYAK KAMAT TARCAR Vs. STATE OF GOA

JUDGEMENT

(1.) THE petitioner claims to be a Dazan (Associate) of Shree Bhagwati Chimulkarrin Devasthan of Marcela, Goa (hereinafter referred to as the said Devasthan ). According to the petitioner, the said Devasthan has bye-laws, duly approved by Portaria (Order) No. 108, which were published in the Government Gazette No. 83 dated 27-10-1910. The said bye-laws contemplate two managing committees, namely one managing committee of Mahajans and the other managing committee of Dazans. The functions of the said committees are distinct and defined in the bye-laws, as can be seen from various articles, especially Articles 3, 4, 10, 23, 29, 33 and 34. The petitioner further contends that the treasury of Dazans is distinct and independent from the treasury of the Mahajans. Respondents No. 5 to 12 claimed that they should be appointed as Mahajans of the said Devasthan, but the same was denied to them, as a result of which, the said respondents moved the Government and obtained directions to the elected committee of Dazans to appoint them as Mahajans of the said Devasthan. The Managing Committee of the said Devasthan did not comply with the directions of the Government, as a result of which, the Government vide order dated 8-11-1995, dissolved the managing committee of Dazans. The managing committee of Dazans filed Writ Petition 349/95, challenging the said order of dissolution dated 8-11-1995. The managing committee of Dazans compromised the said Writ Petition 349/95 with respondents No. 5 to 12 persuant to which the said petition was disposed of in the following terms:-"1. The petitioners will enrol those Mahajans whose names appear in the notice dated 6th April 1995 issued by the Mamlatdar, being Exhibit R-1 of the affidavit of the Government. This the petitioners should do within 15 days from today. 2. The first respondent is directed to conduct the elections of the Managing Committee of Mahajans within 2 months thereafter. 3. Till the new Managing Committee takes charge after the elections, the interim order passed by this Court will continue and thereafter the petitioners committee is not entitled to continue. 4. These terms are ordered subject to the contentions raised by the parties in the Special Civil Suit No. 79/92 pending in the lower Court. Order accordingly. The writ petition is disposed of. " according to the petitioner, the said compromise was arrival at by the managing committee of Dazans without consulting General Body of Dazans and in violation of the bye-laws of the aforesaid Devasthan. He further contends that the managing committee of Dazans had been duly elected by Dazans of the said Devasthan and in terms of Article 45 of the Devasthan Regulation, when an elected managing committee is dissolved, the Governor is required to appoint an administrative committee, which would replace the dissolved committee, till the elections are held in accordance with Devasthan Regulation. The petitioners case further is that subsequently, the managing committee of Dazans who had filed the Writ Petition No. 349/95 and had entered into a compromise, realised that the statutes or the bye-laws contemplate 2 managing committees and, as such, the Devasthan had to have permanently a managing committee of Dazans to perform the functions attributed to it by statutes or bye-laws. Accordingly, Review Application 16/96 was filed, seeking clarification of the compromise order dated 25-6-1996 to the effect that after the election of the managing committee of Mahajans, the managing committee of Dazans is not entitled to perform the functions of the managing committee of Mahajans, but they would be entitled to continue to perform the functions of the managing committee of Dazans, as contemplated by the bye-laws. This review petition was dismissed. The managing committee of Dazans filed Special leave petition before the Apex Court against the compromise order dated 25-6-1996, but the said Special Leave Petition was dismissed vide order dated 3-9-1996. The petitioner, therefore, contends that on dissolution of the managing committee of Dazans and especially in view of Articles 29, 33 and 34 of the statutes, it was the duty of the Government to appoint an administrative committee in terms of Article 45 in order to substitute the dissolved managing committee of Dazans till the elections were held. According to the petitioner, the managing committee of Mahajans is not entitled to take charge of the management, funds, books, furniture, records, cash, assets, documents of properties, etc. belonging to the association of Dazans. The members of the dissolved managing committee of Dazans received letter dated 24-9-96 from the Mamlatdar, asking them to hand over charge of catalogue of the Mahajans and charge of functions of managing committee of Mahajans. The Mahajans committee was elected in the elections held on 9-9-96 pursuant to which, letter dated 24-9-1996 was issued by the Mamlatdar to the members of the dissolved managing committee of Dazans. The Mamlatdar sent another letter dated 9-10-1996 to the President of the dissolved managing committee of Dazans for handing over of the charge. Accordingly, the petitioner seeks directions to the Government to appoint an administrative committee of Dazans in terms of Article 45 of the statutes or bye-laws to substitute the dissolved managing committee of Dazans till the elections are held. Pending hearing and disposal of the petition, temporary injunction was sought seeking to restrain the respondents 5 to 12 from taking charge of funds, books, furniture, records, cash, assets, documents of properties, etc. belonging to the association of Dazans.

(2.) LEARNED advocate for the members of the dissolved committee of Dazans who are respondents No. 13 to 20 in this petition agreed to hand over gold ornaments, without prejudice to the rights and contentions of the said respondents. It appears that the other charge had already been handed over by the dissolved managing committee of Dazans to the President of managing committee of Mahajans.

(3.) RESPONDENTS No. 5 to 12, who have been elected as members of the managing committee of Mahajans, have contended that the petition, in question, is filed by the petitioner in collusion with respondents 13 to 20 who were the members of the dissolved managing committee of Dazans. The petitioner is the son of respondent No. 16. It is further contended that after the members of the managing committee had failed in the Special Leave Petition, filed before the Apex Court, the present petition has been filed through the petitioner who does not have any locus standi as he is not and cannot be a member of the association of Dazans. It is pointed out that the scheme of bye-laws of the temple under Government Order No. 108, clearly provides that the association of Dazans has to continue till Article 43 of the said bye-laws comes into play. It is further contended by the said respondents that no committee of Mahajans has been formed as a result of which the managing committee was always formed from the members of the association of Dazans. This committee of Dazans was required to appoint members as Mahajans, but the said committee of Dazans not only overlooked their duty, but defied the order of the Mamlatdar and the Court, passed under Devasthan Regulation, as a result of which, the said committee of Dazans was ordered to be dissolved. This order was challenged by the committee of Dazans in Writ Petition No. 349/95 which ended in a compromise order. According to these respondents, as per Article 43 of the bye-laws, under Government Order No. 108, as soon as a managing committee of Mahajans is elected, the association of Dazans has no further part to play in the administration of the temple and the said committee of Dazans is not entitled to continue once the managing committee of Mahajans is elected in terms of the order in the said writ petition. It is further submitted by these respondents that under the Devasthan Regulation, only the association of Mahajans is contemplated and the affairs of the temple are to be administered by the elected members of the managing committee of Mahajans.