Recently, the Supreme Court of India heard a civil appeal challenging two orders issued by the Single Judge bench of the Kerala High Court. The bench appointed a former Kerala High Court Judge as an Administrator to conduct free and fair elections for the administration and management of the Oachira Temple and its allied institutions.
The bench, comprising of CJI Sanjiv Khanna and Justices Sanjay Kumar and R Mahadevan, noted that the Oachira Temple is something unique, ancient, and historical and occupies an immense area of 21.25 acres. Besides, the institution also runs a Parabrahma Super Speciality Hospital & Research Centre, along with a Nursing College and Nursing School intended for the benefit of the common people. The court has further mandated the utmost care in reviving, protecting, and preserving temples and their belongings. It has also strongly highlighted the importance of free and fair elections in the administration of the temple under judicial supervision.
In an order passed by it, the apex court ordered the following:
Appointment of Administrative Head: Retired Judge of the High Court of Kerala, Hon’ble Mr. Justice K. Ramakrishnan, is appointed as the Administrative Head/Administrator to oversee a free and fair election for the administration and management of the temple and its institutions.
Election Procedure: The Administrative Head/Administrator shall start the election procedure by finalizing and releasing the list of voters among other preparatory activities and conclude the election process strictly as per the bye-laws of the temple within four months from receiving the copy of this judgment. The Administrator shall submit the report to the Court once the election procedure is concluded.
Assistance to the Administrator: The Administrator may appoint two officers—one retired District Judge and one legal professional—to assist in the speedy completion of the assigned task.
Honorarium and Expenses: The appointed Administrative Head/Administrator will receive an honorarium of Rs. 2,00,000 per month in addition to reimbursement for all expenses incurred in the performance of their duties, including travel expenses, from the temple’s funds. If the Administrator appoints a retired District Judge and an Advocate to assist him, the retired District Judge will be paid an honorarium of Rs. 75,000 per month, and the Advocate will receive Rs. 50,000 per month.
Expenses on Election and Administration: All expenses connected with the smooth conduct of the election and administration of the temple and its institutions shall be provided from the funds maintained by the temple.
Explanation and Directions: The newly appointed Administrative Head is authorized to approach the trial Court for any clarifications or directions in connection with the elections, administration, and management of the temple and its affiliated institutions.
Support to Complete Election: All the parties concerned must collaborate and facilitate the Administrative Head so that the election is completed within the prescribed period as contemplated under clause (ii).
Cessation of Prior Appointments: The High Court Administrative Head/Administrator and the Advocate Commissioner appointed by the High Court stand relieved forthwith of all their responsibilities and are hereby directed to hand over immediately all charges and accounts to the newly appointed Administrative Head/Administrator. The new Administrator shall continue to administer the affairs of the temple and its institutions till the elections are conducted and thereafter hand over the charge to the elected body.
Continuance of Existing Arrangements: The existing arrangements regarding the functions, duties, and affairs of the temple and its institutions shall continue till further orders from the trial Court.
Final Decree Proceedings: The trial Court is hereby directed to expedite the final decree proceedings in the suit relating to the framing of the scheme for the temple. All parties are likely to appear and bring their grievances regarding their rights and the scheme before the trial Court during the final decree proceedings.
