“A Constitutional Court cannot look into day-to-day affairs of a temple,” said the Chief Justice of India NV Ramana while disposing of the plea filed by a devotee Venkateshwara Swamy of Tirumala Tirupathi Devasthanam against the dismissal of his writ petition by Andhra Pradesh High Court alleging certain irregularities in conducting pooja at the temple.
The Supreme Court said, “Any deviation from tradition is a question of fact which trial court can look into by appreciating the evidence.”
“Grievance raised by the petitioner cannot be dealt with in a writ petition. Under Article 226 and Article 32 this cannot be questioned. Apart from pooja if the administration is ignoring rules and regulations or indulging in any other violation of arrangements. Those are only areas where we can ask Devasthanam to clarify the issues raised by the petitioner or any other devotee. Other than this if we start interfering in sevas then it will not be feasible,”
-said the bench which also comprises Justices AS Bopanna and Hima Kohli.
The Court has directed the Devasthanam administration to give a proper answer to the petitioner-in-person within a period of eight weeks. “With the above observation, the writ petition is closed. If there is any grievance then an appropriate forum may be approached,” the Court added.
The Writ Petition was filed by one Srivari Dadaa, a Devotee of Venkateshwara Swamy, Tirumala Tirupathi Devasthanam against Devasthanam who performed following Sevas namely Abhishekam Seva, Thomala Seva, Arjitha Brahmostavam, Yekanta Utsavalu (Srivari Varshika Brahmotsavams, and Maha Laghu Darshan in a wrongful and irregular procedure.
Earlier, the CJI had granted time to the respondent (Tirumala Tirupati Devasthanams) to get instructions on the representation dated 18.03.2020 submitted by the petitioner-in-person
The Court today questioned the respondent/Devasthanam on the Counter Affidavit filed by it. Justice Hima Kohli pointed out, “counter does not show that whether his representation considered or not.” Respondent/Devasthanam responded that each and every grievance of the petitioner is settled and the same affidavit filed in the High Court.
Justice Hima Kohli said, it was decided internally, did u informed him or not?
CJI noted and said there is something wrong, you have to reply to his representation that we are performing Pooja in the right way. Reply to him said the CJI to the respondent.
Respondent- Yes.
CJI- Mr Dadaa, first of all your petition should be dismissed. If any lacuna is there we can ask the respondent to correct it.
CJI- we can’t look into the day-to-day affair of the Temple. By your anxiety, it shows that your petition is a publicity interest litigation.
Justice AS Bopanna- File a suit if you are not satisfied with the reply of the temple.
CJI- How can we interfere in ritual, how to break Nariyal and how to do Aarti?
Justice Hima Kohli – The scope of the writ petition is confined. If you have a grievance file a civil suit. —