- 1 - NC: 2025:KHC:3562 WP No. 34864 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 34864 OF 2024 (GM-R/C) BETWEEN: 1. SRI. ROHITH KUMAR S/O RAMESH SHETTY AGE ABOUT 42 YEARS, NO 1-89, HOUSE NO KUNTIBAIL MIYAR KARKALA TALUK UDUPI - 574107 2. SRI SATHYENDRA NAYAK S/O LATE LAXMANA NAYAK, AGED ABOUT 68 YEARS, R/AT DHENDABETTU HOUSE, KARKALA TALUK, MIYAR UDUPI - 574107 …PETITIONERS (BY SRI. RAKSHITH KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT 2ND & 3RD FLOOR, MAHADESHWARA VARTHA BHAVAN, VENKAT RAO ROAD CHAMARAJPET BENGALURU 560018 REP BY IT SECRETARY Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3562 WP No. 34864 of 2024 2. THE ASSISTANT COMMISSIONER THE DEPARTMENT OF HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DISTRICT OFFICE BUILDING B BLOCK FIRST FLOOR, RAJATHADRI MANIPAL UDUPI DISTRICT-576104 3. THE DEPUTY COMMISISONER THE DEPARTMENT OF HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DISTRICT OFFICE BUILDING, B BLOCK FIRST FLOOR, RAJATHADRI MANIPAL UDUPI DISTRICT - 576104 4. SRI MAHALINGESHWARA TEMPLE MIYYARU POST AND VILLAGE, KARKALA TALUK UDUPI DISTRICT - 574107 REPRESENTED BY ITS PRESIDENT 5. SRI RAMAKANTH SHETTY MEMBER SRI MAHALINGESHWARA TEMPLE, MIYAARU POST AND VILLAGE KARKALA TALUK UDUPI DISTRICT - 574107 6. SRI THARANATHKOTIYAN SOORALU MEMBER OF SRI MAHALINGESHWARA TEMPLE, MIYAARU POST AND VILLAGE KARKALA TALUK UDUPI DISTRICT - 574107 …RESPONDENTS (BY SRI.H.K.KENCHE GOWDA., AGA FOR R1 TO R3 SRI. H.JAYAKARA SHETTY., ADVOCATE FOR R4 TO R6) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF FORMATION OF MANAGING COMMITTEE OF R-4 - 3 - NC: 2025:KHC:3562 WP No. 34864 of 2024 TEMPLE VIDE ORDER DTD. 25.11.2024 BEARING NO. ECOMP.NO.14046 FILE NO. HRICEU-ADMOTRS/42/2024-ADMN ISSUED BY R-2 AS PER ANNX-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The grievance of the petitioners is that the appointment of respondents No.5 and 6 as members of the Committee of Management of respondent No.4-Sri Mahalingeshwara Temple, is in violation of the conditions imposed in the notification dated 02.08.2024 at Annexure ‘B’. 2. It is contended that in terms of Section 25(2)(c) of The Karnataka Hindu Religious Institutions And Charitable Endowments Act, 1997, no person shall be eligible to become a member in more than one Committee of Management at a time. In terms of Section 25(2)(d), no person, who is an office bearer of any political party at any - 4 - NC: 2025:KHC:3562 WP No. 34864 of 2024 level, shall become a member of the Committee of Management. 2. Learned Counsel for respondents No.4 to 6 submits that Affidavits of respondents No.4 and 6 have been filed after filing of this writ petition. It is clearly stated that both of them had earlier resigned as the office bears of the respective political party in the Village and it is only thereafter that they have filed an application for appointment as a member of the Managing Committee in the fourth respondent-Temple. Moreover, it is submitted that the petitioners have already filed an appeal before the Rajya Dharmika Parishat and therefore, a writ petition in that regard is not maintainable. 3. Having regard to the admitted fact that the petitioners have already filed an appeal before the Rajya Dharmika Parishat and the Parishat will be in a position to call for the records, receive evidence and thereafter come to a conclusion, the writ petition is not maintainable at this stage. - 5 - NC: 2025:KHC:3562 WP No. 34864 of 2024 4. Accordingly, the writ petition stands dismissed while reserving to the petitioners to pursue their remedy before the Rajya Dharmika Parishat. The appeal filed before the Rajya Dharmika Parishat shall be considered and disposed of as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this order. Sd/- (R DEVDAS) JUDGE JT/- CT: JL