Holding an order passed by the Gauhati High Court in 2017 as inoperative, the Supreme Court recently permitted the prevailing arrangement of the Doloi (head priest) Samaj managing the affairs of Kamakhya Devi temple in Guwahati.
The Bench of Justice Abhay S. Oka and Justice Pankaj Mithal took note of the statement made by the Assam government, stating that the Doloi Samaj was currently running the affairs of the Temple Administration ‘satisfactorily’ in ‘close coordination’ with the local administration.
The Apex Court passed the orders on petitions challenging the 2017 verdict of the High Court, which directed the Deputy Commissioner to receive the donations given by devotees and public, maintain a separate account and spend the same for developmental activities in Kamakhya Devi temple at Guwahati.
The Bench ruled that the High Court’s order will not operate in view of the prevailing arrangement of managing the affairs of the temple by Doloi (head priest) Samaj.
The matter pertained to the High Court verdict of 2015, wherein it directed the Deputy Commissioner to receive the donations given by devotees and public and maintain a separate account of such donations and spend the same for developmental activities of the Kamakhya temple.
A review was later sought of this order contending that the Doloi Samaj has right over the management of the religious and secular aspects of Kamakhya Temple, which has also been recognised by the Supreme Court.
The review petition argued that the Deputy Commissioner cannot be directed to maintain a separate account of the donations received from the devotees and public.
The High Court disposed of the review plea in 2017 on the grounds that the donation received will only be for developmental activities of the temple and not for usual offerings.
This order of 2017 was challenged in the Supreme Court.
The State of Assam submitted an affidavit in the Apex Court stating that a meeting took place on August 13, 2023 to discuss the matters pertaining to Maa Kamakhya Corridor, presided over by the Chief Minister of Assam.
The meeting decided that at present, the Doloi Samaj was running the affairs of the Temple Administration ‘satisfactorily’ in ‘close coordination’ with the local administration and the current system may continue.
Another affidavit filed on November 8, 2023 assured that the Government of Assam was actively taking up the development activities of the temple under the PM-DevINE Scheme.
Besides, the competent authorities of the state decided that a certain amount (around Rs 11 lakh) lying in the Savings Bank Account of SBI Kamakhya Temple Branch, could be handed over to the Doloi Samaj, Maa Kamakhya Devalaya, within two weeks. Accordingly, the account would be closed.
The Apex Court recorded in its order the assurances given by the State in these affidavits and ordered that the impugned orders (of 2017 passed by High Court) need not operate now.
It further permitted the prevailing arrangement of managing the affairs of the temple by Doloi Samaj to continue.
Taking on record the assurances given by the Assam government regarding development activities of Maa Kamakhya Temple being taken in a big way under the PM-DevINE Scheme, the Bench directed the state to abide by the same in its true letter and spirit.
(Case title: Kabindra Prasad Sarma vs Chief Secretary Government of Assam & Ors)
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