Karnataka HC quashes order reconstituting Gokarna temple oversight panel

Bengaluru: The high court has quashed the state government’s order dated July 12, 2023, which sought to replace four members of the Oversight Committee for the Gokarna Mahabaleshwar temple.

The court declared that this action was an attempt to circumvent the order of the apex court.

The petitions were filed by Ramachandrapura Mutt, its pontiff Raghaveshwara Bharathi Swamiji, and four members who were removed from the committee.

In 2008, the then BJP government, led by B S Yediyurappa, denotified certain temples, including the Gokarna temple, leading to the Mutt taking over the Gokarna temple.

In 2018, the high court nullified the denotification order but established an Oversight Committee. In a series of appeals, the apex court allowed the committee to function with minor modifications.

As a result, on May 4, 2021, the then BJP government constituted the committee, comprising the deputy commissioner, assistant commissioner, two eminent individuals/scholars, and two upadhivantas.

Former apex court judge Justice B N Srikrishna served as the committee’s chairman.

However, on May 22, 2023, following a change in government, an official notice was issued to revoke all previous appointments.

Based on this directive, a clarificatory order was issued on July 12, 2023, replacing the two eminent individuals and two upadhivantas in the Oversight Committee.

The petitioners argued that these appointments were not made at the government’s discretion but were in compliance with the orders of the apex court.

On the other hand, the Advocate General contended that the state retained the authority to modify the committee, even in light of the apex court’s directions. The government asserted that only Justice B N Srikrishna was explicitly mentioned in the apex court’s order.

Justice Nagaprasanna noted that the state should have sought the apex court’s approval before issuing the corrigendum that altered the committee’s composition.

“Governments may come and governments may go, the writ of constitutional courts would run and run for all times to come. The direction of the Supreme Court is sought to be completely flouted on the score that there is a change of guard. Change in government would not clothe the government with power to completely obliterate all the nominations made by the earlier government, by a stroke of pen.

“This is sans countenance, as it is opposed to the principle of continuing governmental action /decision, a facet of constitutionalism, unless it is found that the acts done by the earlier regime to be contrary to statutory provisions. Therefore, this court completely finds fault with what the State has done in terms of the corrigendum order dated July 12, 2023. Finding that the action of the State being an attempt to overreach the order passed by the Supreme Court,” the court said.