- (1.) The Civil Appeals arise out of three writ petitions, two of the year 2000 and one of the year 2002 which were heard together and disposed of by a learned Single Judge of Guwahati High Court by a common judgment and order dated 06.08.2004. That judgment was challenged before the Division Bench through two writ appeals bearing W.A.Nos.311 and 312 of 2004 preferred by the appellants who confined the scope of the appeals only to the width and scope of Section 25A of the Assam State Acquisition of Lands Belonging to Religious or Charitable Institutions of Public Nature Act, 1959 (for brevity referred to as 'the Act'). Admittedly neither the State Government nor the private respondents preferred any cross appeal. However, there was a fresh writ petition filed directly before the Division Bench bearing Writ Petition No.923/2005 preferred in the name of The Deity, Sri Sri Ma Kamakhya claimed to be represented by appellant Riju Prasad Sarma who further described himself as the Administrator, Kamakhya Debutter. The said writ petition sought to challenge the constitutional validity of Section 25A of the Act. The writ appeals and the Writ Petition No.923 of 2005 were finally disposed of by a common judgment and order of the Division Bench of Guwahati High Court dated 25.10.2011 which is under challenge in the principal matter Civil Appeal Nos.3276-3278 of 2013 filed by Sri Riju Prasad Sarma & Ors. claiming to represent The Kamakhya Debutter Board.
(2.) Along with the Civil Appeals three writ petitions bearing No.72, 91 and 140 of 2012 have also been heard together as connected matters because they either throw a challenge to the validity of the Section 25A of the Act or the Rules framed thereunder or to the actual election of Dolois held on 16.11.2011 on account of this Court not staying the direction of the Division Bench to hold such election governed by custom. The same dispute covered by the Civil Appeals noticed above is sought to be raised again through S.L.P.(C) Nos.18070-18072 of 2015 [CC 8089-8091/2012] which have been filed along with an application for permission to prefer the special leave petitions by those who were not parties earlier, Hiten Sarma and some others, against the same very common judgment of the Division Bench dated 25.10.2011. This judgment shall govern all the matters noticed above. For the sake of convenience the facts have been noted from the records of civil appeals except where indicated otherwise.
(3.) It is necessary to have a look at the nature of the three writ petitions decided by the learned single judge. But before that it will be useful to notice the background facts which led to those writ petitions. The appellants have, in one of their written submissions, furnished the introduction, it reads as follows:- "INTRODUCTION The present group of matters concerns the Sri Sri Maa Kamakhya Devalaya, which is one of the most significant amongst the 51 Shaktipeethas. The temple and the site are referred to in the Sanskrit text "Kalikapurana" which is one of the eighteen upapurana. The Diety of Shri Shri Kamakhya is one of the most venerated Goddesses. The main Kamakhya temple and the subsidiary temples in and around the three Hills of Nilachal are collectively known under the general name of "Kamakhya". It may be mentioned that the subsidiary temples are also known in Assames as "Nanan Devalayas". The families of the priests of the main temple call themselves "Bordeuris". The families of the priests of the subsidiary temples are known as "Deuris". The head priest is called the "Doloi". "Shebait" means and includes all the community of persons who are directly connected to the performance of any kind of duty associated with the temple complex and thus, includes the Bordeuris, Deuris and other Brahamin and non Brahmin persons directly connected to the performance of any kind of duty associated with the temple complex. There are before this Hon'ble Court four proceedings raising different aspects of the matter. 1. The principal matter is C.A. No.3276-3278/2013 filed by Shri Riju Prasad Sarma & Ors. (representing the Kamakhya Debuttar Board) challenging the final judgment and order of 25.10.2011 passed by the Division Bench of the Hon'ble Guhati High Court. In the said matter, the Learned Single Judge had upheld the locus standi of the appellants on the ground that it does not lie in the mouth of the State Respondents/Private Respondents to challenge the authority of the Kamakhya Debuttar Board to manage the affairs of the temple as they have not made any attempt to de-recognize or question its authority in any court of law. (pg.216). The learned Single Judge had also upheld the vires of Section 25A of the Assam State Acquisition of Lands belonging to Religious or Charitable Institutions of Public Nature (Amendment) Act, 1987 (pg.218-225). The appellants preferred a limited Writ Appeal confined to the scope of Section 25A of the said Act. There was no cross appeal preferred by the State Government or the Private Respondents. The Division Bench of the Hon'ble Guwahati High Court vide impugned judgment has held that Section 25A of the said Act has very limited scope confined to the language used in the said provision and has held as follows: "117 ..Section 25A, as would be apparent on its face, only engrafts the enjoinment of the legislature for the constitution of a Managing Committee to exercise control over the matter of utilization of annuity and verification of the proper maintenance of the institution .." It may be mentioned that all the parties have stated on Affidavit before this Hon'ble Court that the said interpretation rendered by the Division Bench of the Hon'ble Guwahati High Court is correct. Thus, interpretation of Section 25A of the Act is not in issue any more. However, the Division Bench of the Hon'ble Guwahati High Court has erroneously reversed the finding of the Learned Single Judge on the issue of the locus standi of the appellants and has further held without any basis whatsoever that the Kamakhya Debutter Regulations/Kamakhya Debutter Board has no sanctity in law (pg.34-36). This was not an issue before them as it was not even the subject matter of the writ appeal. In fact, there was no cross appeal against the finding of the Ld. Single Judge on the issue of locus standi in favour of the appellants. Moreover, the Division Bench of the Hon'ble Guwahati High Court has gone into and examined the issue of election of Doloi (Head Priest) which was not the subject matter of the writ proceedings and thereafter, rendered an erroneous finding solely on the basis of the purported customary practices that the electorate for the said election to the post of Doloi should be confined only to the male members of the four Bordeurie families (pag.89-90). In terms of the order dated 13.5.2002 passed by the Hon'ble High Court and the orders dated 11.11.2011 and 21.11.2011 passed by this Hon'ble Court, the administration of the temple has been carried on by the appellants, the Kamakhya Debuttar Board. Further, the two Dolois has been given exclusive monopoly in religious affairs by this Hon'ble Court vide its order dated 21.11.2011. Thus as stated above, Section 25A of the said Act is confined to "control over the matter of utilization of annuity and verification of proper maintenance of the institution." The interpretation of Section 25 of the Act is not in issue here. The State Government has paid only Rs.80,500/- and further deposited Rs.50,000/- with the Hon'ble High Court till date for acquisition of the land belonging to the temple. The issue regarding the administration of non-ritual activities other than those covered by Section 25A of the said Act was never and is not the subject matter of these proceedings. It may be mentioned that when the matter was heard at some length on an earlier occasion, this Hon'ble Court had observed that parties may consider initiating proceedings under Section 92 C.P.C. Pursuant thereto, the appellants have filed a Title Suit being T.S. No.2 of 2013 before the Ld. District Judge, Kamrup (Metro) under Section 92(g) C.P.C. with an application seeking leave of the Court as required under the said provision. The District Judge, Kamrup has issued notice on the said application on 7.1.2013 and the matter is now kept on 8th August, 2014. 2. Writ Petition (C) No.72 of 2012 filed by Shri Shailen Sarma challenging the validity of Assam State Acquisition of Lands belonging to Religious or Charitable Institutions of Public Nature (Election of Managing Committee of Sri Sri Maa Kamakhya Temple) Rules framed under Section 25A of the said Act. Though the electoral college under Section 25A of the Act for the post of ex-officio Secretary to the managing committee to be constituted under the said provision of the Act includes "deuris/Bordeuris, the said Rules have illegally excluded the Deuris (both male and female) and the female bordeuris of their voting rights as well as the right to contest. It may be mentioned that this Hon'ble Court in its order dated 21.11.2011 had stated that the State Government shall take steps to frame rules and any objection to the rules should be challenged only before this Court. 3. Writ Petition (C) No. 140 of 2012 filed by Shri Shailen Sharma and others challenging the actual election of Dolois held on 16.11.2011 on the ground that confining the electoral college and right to vote to only the male Bordeuris to the exclusion of Deuris (both male and female) and the female Bordeuris is illegal, arbitrary and unconstitutional in law. 4. Writ Petition No. 91 of 2012 filed by Nanan Bordeuris regarding the validity of Section 25A of the said Act and the rights of the shebaits.";