JUDGEMENT
S.B.SINHA, J. -
(1.)SCOPE and ambit of a public interest litigation in the matter of management of a temple governed by the provisions of a statutory enactment is the primal question involved in these appeals. Introductory remarks:
(2.)SREE Krishna Temple, Guruvayur draws millions of people all over the country. This ancient temple of unique importance is worshipped and held in great reverence by lacs of devotees. The temple owns extensive movable and immovable properties and endowments. It has its own heritages and traditions.
The State of Kerala having regard to importance of the said temple with a view to make suitable provision for the proper administration of the Guruvayur Devaswom enacted the Guruvayur Devaswom Act, 1978 (Act 14 of 1978) (for short 'the Act'). The management of the temple is carried out in terms of the provisions of the said Act. Relevant provisions of the statute:
Some of the relevant provisions of the said Act inter alia are:
"6. Dissolution and supersession of Committee:
1) If, in the opinion of the government, the Committee is not competent to perform or makes default in performing the duties imposed on it under this Act or abuses or exceeds its powers; the government may after such inquiry as may be necessary, by notification in the gazette, supersede the Committee for such period, not exceeding six months, as the government may deem fit.
2) Before issuing a notification under sub-section (1) the government shall communicate to the Committee the grounds on which they propose to do so, fix a reasonable time for the Committee to show cause against the proposal and consider its explanations and objections, if any
3) Any member of the Committee may, within a period of one month from the date of publication of the notification under sub- section (1), institute a suit in the court to set aside the notification
4) Where the Committee is superseded under this section the Commissioner shall exercise the powers and perform the functions of the Committee until the expiry of the period of supersession. Provided that the period during which the Committee remains superseded shall not have the effect of extending the maximum term of office of a member nominated under clause (d) or clause (e) of sub-section
(1) of section 4 beyond a period of two years. 17. Powers and duties of administrator
(1) The administrator shall be the secretary to the Committee and its chief executive officer and shall, subject to the control of the Committee, have powers to carry out its decisions in accordance with the provisions of this Act.
(2) The administrator shall arrange for the proper collection of offerings made in the temple.
(3) The administrator shall have power to incur expenditure not exceeding five thousand rupees to meet unforeseen contingencies during the interval between two meetings of the Committee.
18. Establishment schedule:
1) The administrator may, as soon as may be after the commencement of this Act, prepare and submit to the Committee a schedule setting forth the duties, designations and grades of the officers and employees who may in his opinion constitute the establishment of the temple and embodying his proposals with regard to the salaries and allowances payable to them.
2) The Committee shall forward the schedule submitted to it under sub-section (1) with its recommendations thereon to the Commissioner for approval.
3) The Commissioner shall, after considering the recommendations of the Committee, approve such schedule either without modification or with such modifications as he deems necessary, and there upon such schedule as approved by the Commissioner shall come into force.
4) No change shall be effected in the schedule except with the approval of the Commissioner.
5) Subject to such exceptions as the Committee may by general or special order direct, the officers and employees of the Devaswom in the service of the Devaswom immediately before the commencement of this Act shall continue as such, and the conditions of their service shall be such as may be prescribed by regulations made under this Act.
6) A person who does not profess the Hindu Religion or believe in temple worship shall be disqualified for being appointed as, or for being, an officer or employee of the Devaswom.
23. Accounts and Audit: 1) The Committee shall keep regular accounts of all receipts and disbursements. 2) The accounts of the Devaswom shall be subject to concurrent audit, that is to say, the audit shall take place as and when expenditure is incurred. 3) The audit shall be made by auditors appointed in the prescribed manner, who shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).
24. Authority to whom audit report is to be submitted: After completing the audit for any year or shorter period or for any transactions as he deems fit, the auditor shall send a report to the Commissioner
33. Power of government to call for records and pass orders: 1) The government may call for and examine the record of the Commissioner or of the Committee in respect of any proceeding, not being a proceeding in respect of which a suit or application to the court is provided by this Act, to satisfy themselves that the provisions of this Act have not been violated or the interests of the Devaswom have been safeguarded and if, in any case, it appears to the government that any decision or order passed in such proceeding has violated the provisions of this Act or is not in the interest of the Devaswom, they may modify, annual or reverse such decision or order or remit such decision or order for reconsideration: Provided that the government shall not pass any order prejudicial to any party unless he has had a reasonable opportunity of making his representations. 2) The government may stay the execution of any such decision or order pending the exercise of their powers under sub- section (1) in respect thereof.
36. Removal of difficulties: If any difficulty arises in giving effect to the provisions of this Act, the government may, as occasion may require, by order do anything not inconsistent with this Act or the rules made thereunder, which appears to them necessary for the purpose of removing the difficulty.
38. Rules: 1) The government may, by notification in the gazette, make rules to carry out the purposes of this Act. 2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for - (a) the publication of the administration report under section 13; (b) the custody of the records and properties of the Devaswom, (c) the payment of contributions towards the leave allowances, pension and provident fund of the administrator; (d) any other matter which is required to be, or may be, prescribed under this Act. 3) Every rule made under this Act shall be laid as soon as may be after it is made before the legislative assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the legislative assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such 'modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule."
(3.)THE State of Kerala in exercise of its power conferred under section 38 of the Act made rules known as THE Guruvayur Devaswom Rules, 1980 (for short 'the Rules'). Rule 10 of the Rules provides for publication of administration report and is in the following terms:
"
1). Committee to submit administration report: THE Committee shall prepare and submit to the Commissioner, a report on the administration of the affairs of the Devaswom relating to each calendar year within three months of the completion of the year.
2) THE Commissioner shall forward such report with his comments to government within 30 days of its receipt by him.
3) THE administration report shall among other things contain details about, (i) the working of the Act, (ii) the income and expenditure, (iii) the amenities provided to the worshippers, (iv) the works undertaken, (v) the festivals conducted, (vi) special features or incidents during the year, (vii) financial position, (viii) working of subordinate temples and other institutions under the management of the Devaswom and (ix) such other matters of public interest.
4) THE report shall be published on the notice board of the Devaswom and in the Kerala Gazette.
5) Abstract of the report shall be published at least in one Malayalam daily having wide circulation in the area."
The statutory provisions contained in the said Act and the rules framed thereunder are of wide amplitude as would appear from the following:
(a) Section 5C read with section 5(3)(c) of the Act read with section 5(4) permits the State government to initiate proceedings against, and remove, any member of the Managing Committee if they are satisfied that he has been guilty of corruption or misconduct in the administration of the temple;
(b) Section 6 permits the State government to dissolve and supersede the Managing Committee as a whole for incompetence or default in performing its duties imposed on it under section 10 of the Act after giving it an opportunity to show cause;
(c) Section 13 read with rule 10 permits the monitoring of the Managing Committees functioning by requiring it to submit and public a report on the administration of the affairs of the temple;
(d) Section 23 read with rule 17 provides for the Committee keeping regular accounts of receipts and disbursements and concurrence audit of those accounts, i.e., an audit that takes as and when an expenditure is incurred, by auditors appointed in the prescribed manner;
(e) Section 25 provides that the auditor shall specify in its report all cases of irregular, illegal or improper expenditure or failure to recover money or rather properties to the Devaswom or loss or waste of money or other property thereof, caused by neglect or misconduct;
(f) Section 26(2) permits the Commissioner appointed under section 2(b) of the Act to pass an order of surcharge against the Managing Committee or any officer or employee if he is satisfied that they are guilty of misappropriation or wilful waste or of gross neglect resulting in loss to the temple after giving them an opportunity to show cause why an order of surcharge should not be passed; and
(g) Under section 33, the State government in turn is empowered to call for and modify, annul or reverse decision of the Commissioner or of the Managing Committee after calling for and examining the record if the government is satisfied that the decision has violated the provisions of the Act or is not in the interest of the temple after giving a reasonable opportunity to any party that may be prejudiced by such order. Genesis of the public interest litigation: