Hyderabad: Justice Pulla Karthik of the Telangana High Court on Monday stayed the transfer of temple archakas in the state.
The judge made the interim order in a writ plea filed by Koti Sriman Narayana Charyulu and another. It is the contention of the petitioner that under the guise of transferring ‘Office holder or servant’, the government is seeking opinions from the archakas of various temples to give options for transfer.
Senior counsel L. Ravichander, appearing for the petitioner, contended that it was impermissible for the government to enter the religious activities of any temple. Quoting copiously from earlier judgments, Ravichander said that the power of the government to manage religious institutions and endowments under the Act did not include interfering with or overseeing the religious aspects of a temple.
He pointed out that Section 142 of the Telangana Charitable and Hindu Religious Institutions and Endowment Act, 1987 specifically injects the state from applying the provisions of the Act to “affect any honour to which any person is entitled by custom, the performance of or interference with the religious worship, ceremonies and pujas in religious institutions according to the sampradayas and Agamas followed in such institution”.
He also pointed out that every temple has different processes, procedures and therefore the transfer from one temple to another would be a serious constitutional violation of the religious guarantees granted under the Constitution of India.
The government pleader pointed out to the power of the government to deal with transfer of ‘office holder or servant’, and to which the senior counsel pointed out the expression ‘archakas’. The judge granted time to the government to file its response and in the meanwhile stayed the transfer of all ‘archakas’.
