ALOKAM SUDHAKAR BABU Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2020-12-80
HIGH COURT OF ANDHRA PRADESH
Decided on December 30,2020

Alokam Sudhakar Babu Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents




JUDGEMENT

BATTU DEVANAND,J. - (1.)This Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ, Order or direction more in the nature of Quo-Warranto against Respondent Nos. 5 to 9, requiring them to show under what authority they are holding their respective posts and consequently, restraining them from holding/continuing in their respective posts, which they are holding now, with a further direction to the competent and appropriate authority to take appropriate further action to appoint other competent and eligible person under the constitution, who uphold the law and constitutional provisions and pass such other orders as the Hon 'ble Court deems fit and proper in the circumstances of the case.
(2.)As no relief was sought against Respondent No.1, this Court took a view that impleading "His Excellency the Governor of State of Andhra Pradesh " as respondent No.1 in this Writ Petition is unwarranted and in view of the same, by invoking Rule 16 (a) of the Andhra Pradesh High Court Writ Proceeding Rules, 1997, this Court by suo motto deleted "His Excellency the Governor of State of Andhra Pradesh " from the array of the respondents in this Writ Petition vide Order Dt.19.10.2020.
(3.)As per the averments of the affidavit filed along with the writ petition, the following points are noted:
(i) The petitioner is resident of Vaikuntapuram Village, Amaravati Mandal, where Lord Sri Venkateswara Swamy Temple exists from so many centuries back and the petitioner got so much faith in Lord Sri Venkateswara Swamy from his childhood, being born as Hindu.

(ii) Lord Sri Venkateswara Swamy, who was born at 7 Hills Temples, which is now called Tirumala Temples.

(iii) There are so many enactments were made with regard to maintenance of the Tirumala Tirupathi Devasthanams, which is one of the great temples not only in the country but also in the Asia region.

(iv) The State of Andhra Pradesh made enactment called "the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter will be referred to as "Act, 1987 ") in exercise of its legislative power conferred under the constitution.

(v) Rule 136 of Rules made in exercise of the powers conferred by Section 97 R/w 153 of the Act, 1987 with regard to admission of non-Hindus into Tirumala Tirupathi Devasthanams temples.

(vi) The 5th respondent, who belongs to Christian religion, without furnishing declaration as required under Rule 136, entered into temples by violating the relevant Rules and law and as such, he is not entitled to continue in the present post as he is holding.

(vii) The respondent Nos.6 and 7, who are the Cabinet Ministers of the State and 8th respondent, who is the Chairman of Tirumala Tirupathi Devasthanams Board by making statements that there is no need to give such an undertaking by the 5th respondent and the 9th respondent, who is the Executive Officer of the Tirumala Tirupathi Devasthanams, who failed to strictly implement the Rules made under the Act, and as such, they are not entitled to continue to hold such posts which they are holding by virtue of constitutional provisions.

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