- (1.) CONSTITUTION of the Trust Board of Sri Kalahasteswara Swamy Devasthanam, Srikalahasti, Chittoor District, vide G.O.Rt. No.313 dated 20.02.2009, is under challenge in these three writ petitions. As such they were heard together, and are now being disposed of by a common order. Since all the trust board members are arrayed as respondents, and the Minister for Information and Public Relations, and the Principal Secretary (Revenue), Government of Andhra Pradesh, (against both of whom malice is alleged), are arrayed as respondents eo-nomine in W.P. No.3622 of 2009 it would suffice, for disposal of all these three writ petitions, if the facts in W.P. No.3622 of 2009 are noted.
(2.) AS the annual income of the Sri Kalahasthiswara Swamivari temple, a Section 6(a) religious institution, exceeds rupees one crore the State Government, which is the competent authority to appoint a board of trustees, under Section 15(1) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act (Act 30 of 1987), issued a notification in G.O.Rt. No.2355 dated 05.11.2007 inviting applications from interested persons for appointment as non-hereditary members of ,the trust board. W'P. No.20269 of 2008 was filed questioning the procedure prescribed by the Government, in G.O.Rt. No.2355 dated 05.11.2007, for appointment of trustees to the Srikalahasteeswara Swamivari temple. This Court, by order in W.P.M.P. No.26459 of 2008 dated 26.08.2008, suspended the process of appointment of trustees observing that the Government could issue a fresh notification duly following the prescribed procedure. Thereafter the Government issued the notification in G.O.Rt.No.2121 dated 18.11.2008, in supersession of G.O.Rt. No.2355 dated 05.11.2007, inviting applications from persons interested in being appointed as trustees. The said notification was published in the local newspapers on 05.12.2008. Pursuant thereto, 114 applications were received by the Government. These 114 applications were forwarded to the Commissioner of Endowments, vide memo dated 27.01.2009, for causing verification of their antecedents. The Commissioner split the 114 applications in two batches. While 97 applications were sent, vide proceedings dated 10.02.2009, for verification of antecedents to the ASsistant Commissioner of Endowments, Chittoor, the other 17 were sent to the ASsistant Commissioner of Endowments, Rajahmundry. Even before the antecedents of the applicants could be verified, the Minister for Information and Public Relations, vide letter dated 12.02.2009, informed the Minister of Endowments that the term of the earlier trust committee of the Srikalahasti Devastanam had expired on 26.11.2007; and a number of representations were received for re-constitution of the same. While enclosing a copy of the request of the Srikalahasthi M.L.A, proposing the names of ten persons to be appointed as trustees of the Sri Kalahastiswaraswamy temple, the Minister of Information and Public Relations requested the Minister of Endowments to consider constituting a trust board with those ten members. By its memo No. 49015/ Endts.II/A1/2008 dated 17.2.2009 the Government, while enclosing a copy of the letter of the Minister of Information and Public Relations dated 12.2,2009, requested the Commissioner of Endowments to verify whether the applications of the 10 applicants, named in the said letter of the Minister, had been received in time, to examine the matter and furnish his remarks along with the antecedents of the applicants, including these ten applicants, immediately for taking further action. The Assistant Commissioner, Rajahmundry forwarded the applications, vide memo dated 16.02.2009, to the Inspector of Endowments to cause enquiry and submit his report. The Inspector of Endowments, Kakinada submitted his report on 18.02.2009. The Assistant Commissioner of Endowments, Rajahmundry forwarded his report to the Commissioner of Endowments on the same day despite the fact that the Inspector of Endowments, in his report dated 18.02.2009, had stated that the antecedents of Smt. Talari Srilakshmi, (the petitioner in W.P. No.3844 of 2009), had not been verified as she was not available in station as on that date; and that a report regarding her antecedents would be submitted later.
(3.) THE Assistant Commissioner of Endowments, Chittoor, in his report dated 18.2.2009, stated that he had visited Srikalahasti and had cause discreet enquiries on 17.02.2009 and 18.02.2009; he had issued a paper publication in "Vaartha" daily on 18.02.2009 making the applicants aware of the proposed enquiry; and he had also verified the antecedents of persons who were not residents of Srikalahasthi. In his report dated 18.2.2009 the Assistant Commissioner of Endowments, Chittoor records that, at the time of verification of antecedents of the applicants at Srikalahasthi, he had received applications from three persons, two by hand and one by fax, and that he was also forwarding the verification report of the antecedents of these three applicants. THE said three applications include the application of Sri M. Ravichandra Reddy who was appointed, under the impugned G.O, as one of the trustees of the temple. THE Assistant Commissioner, Chittoor also records that in response to the paper publication dated 18.2.2009 24 out of 98 applicants had appeared before him at the time of verification of antecedents; he had verified the antecedents of all the 98 applicants, including the three new applications, as per the procedure laid down under Act 30 of 1987; he had conducted discreet enquiry on the antecedents of the individuals in accordance with the procedure prescribed under law; he had verified the lease records and the DCB of the temple in order to ascertain whether any person, among the applicants, was the tenant/lessee of the temple, and whether any office holder, who was getting remuneration from the temple funds, had applied for trusteeship; and he had received a joint representation on 18.02.2009 from certain applicants protesting against the exercise being undertaken for verification of antecedents. The report of the Assistant Commissioner, Chittoor dated 18.2.2009 was received by the Commissioner of Endowments on the same day and he, in turn, submitted his report to the Government on 19.02.2009. In his proceedings dated 19.2.2009 the Commissioner informed the Secretary to the Government, Revenue (Endowments) Department, that the Executive Officer of the Devastanam had published the notification issued by the Government in 'Andhra Jyothi' daily newspaper on 5.12.2008; the schedule time of 20 days had ended by 24.12.2008; and 114 applications had been received by the Government in response to the notification issued vide G.O.Rt.No.2121 dated 18.11.2008. The Commissioner stated that the 10 applications, referred to in the letter of the Minister dated 12.2.2009, were received in time except in the case of Smt.Talari Vasantha whose application was received on 27.12.2008 after the schedule time. The Commissioner noted that the Assistant Commissioner, Chittoor had observed in his report that six, out of the 114, applicants were disqualified to be appointed as trustees under Section 19(i) of Act 30/87; among the 17 applications, forwarded to the Assistant Commissioner, Rajahmundry, 16 were got verified; among them two applicants stood disqualified under Section 19(i) of Act 30 of 1987; except these 8 (6+2), all the other applicants, as verified by the Assistant Commissioners, were qualified to be appointed as trustees; they did not suffer from any disqualification; and the particulars of the six mukhya- archakas were being forwarded to the Government. The Government was requested to issue suitable orders duly selecting candidates from among the qualified applicants.;