The management committee of the revered Thakur Shri Banke Bihari Ji Maharaj temple in Mathura has challenged a recent ordinance passed by the Uttar Pradesh government that grants it administrative control over the temple. The committee has moved the Supreme Court, arguing that the ordinance is an unconstitutional overreach aimed at circumventing judicial proceedings.
In a petition filed through advocate Tanvi Dubey, the temple’s 350-member management committee, along with sewayat Rajat Goswami, contended that the state government has acted in bad faith by enacting the ordinance while a related matter remains pending before the Allahabad High Court.
The plea asserts that the issue of utilizing temple funds to acquire five acres of land had already been settled by the High Court in its November 8, 2023 ruling, which denied the state permission to use temple funds for the acquisition. The state, instead of appealing that order, allegedly sought impleadment in an unrelated case pending before the Supreme Court concerning the Giriraj Seva Samiti.
The apex court, in its May 15, 2025 order, allowed the state’s application to use temple funds solely for the purchase of the five-acre land parcel — subject to the condition that it be registered in the name of the deity or trust — for the purpose of developing the Banke Bihari Temple Corridor. However, the temple committee claims that neither the temple nor its sewayats were made parties to the proceedings leading to that order.
The petition criticizes the ordinance as an “abuse of power” under Article 213 of the Constitution, stating that it attempts to preempt a decision in the High Court PIL on temple administration. The committee alleges that the timing and context of the ordinance point to a mala fide exercise of legislative power by the state and the governor.
“The ordinance is a colourable exercise of power and violates the doctrine of separation of powers. It interferes with judicial independence and undermines the authority of the judiciary by taking over a matter that is sub judice,” the petition states.
The Supreme Court is set to hear the matter on Monday before a bench of Justices Surya Kant and Joymalya Bagchi.
The controversy stems from the state government’s push to implement a major development project around the historic Banke Bihari temple, citing infrastructural challenges and safety concerns. The temple, which spans only 1,200 square feet, sees an average daily footfall of 50,000 devotees, with the number swelling to over five lakh during major festivals.
The proposed Banke Bihari Temple Corridor project — part of a broader Braj Heritage initiative under the Uttar Pradesh Braj Planning and Development Board Act, 2015 — envisages parking facilities, accommodation, sanitation, and security upgrades at a projected cost exceeding ₹500 crore. The Supreme Court had previously acknowledged the urgent need for such development while calling for expedited resolution of administrative issues tied to the temple’s functioning.
