Disposing a batch of seven petitions, the division bench of Chief Justice Prasanna B Varale and Justice MGS Kamal has ruled that the district judge will continue to take decisions regarding the Murugharajendra Bruhan Mutt and its educational institutions till a president is appointed to the society that is managing it.
The HC found that the vidyapeeta’ of the mutt, which manages all the various educational institutions, is a registered society and only the president can take decisions. But with the pontiff Shivamurthy Sharana, who is the president, being in judicial custody, a new president has to be appointed. Till such an appointment, the district judge as the interim administrator will discharge these duties, the court said.
The mutt’s pontiff Shivamurthy Sharana is in judicial custody facing charges under the Indian Penal Code and Protection of Children from Sexual Offences Act. The mutt has claimed that Basava Prabhu, a swamiji of a branch of the mutt has been given the power of attorney by Shivamurthy Sharana to manage the affairs of the mutt and its educational institutions as a caretaker.
The state government had appointed retired IAS officer P S Vastrad as the administrator of the mutt. This was challenged in the HC, and a single judge bench had set aside the appointment and directed that the community leaders take a decision to appoint an administrator. Several appeals were filed against this single-judge judgment.
The division bench in its judgment on Wednesday noted that the educational institutions under the vidyapeeta’ of the mutt was registered under the Mysore Societies Registration Act. Therefore, the rules and laws governing societies were applicable to it. This aspect was not presented before the single judge bench.
In the meantime on May 28, 2023, the leaders of the Lingayat community, legislators and others unanimously decided to hand over the administration of the mutt to Basava Prabhu Swamy. They also constituted a temporary administrative committee consisting of prominent members of the community to oversee the administration.
While the appeal was pending, the HC appointed the principal district judge of Chitradurga as the interim administrator, who took charge on July 4. In between, the state government had withdrawn its December 13, 2022 appointment of IAS officer Vastrad as administrator.
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The HC was now faced with the peculiar problem “that in terms of rules and regulations of the vidyapeeta, its management and administration of the vidyapeeta shall be carried on by governing body of which the Jagadhguru of the Bruhan Math shall be the president, who shall be the supreme authority.” However, he has been in custody since September 2022. He is also unable to transfer the power to the vice president due to this.
“This situation puts the entire issue of administration and management at the hands of the president who is the pontiff presently incarcerated,” the HC noted. Therefore, the HC said, till a new president is appointed as per the bye-law, rules and regulations of the Vidyapeeta, the district judge will continue to take decisions which otherwise the president of the society is required to take.
“It is for this sole reason and under the unfortunate peculiar situation, also in the interest of vast number of institutions, students, staff and the public at large we deem it appropriate that along with the members of the Overseeing Committee appointed in the meeting dated 28.05.2023, an additional member be included with power to take decisions which were required to be taken by the President,” the HC said, disposing the petitions.
