RIJU PRASAD SARMA ETC. ETC. versus STATE OF ASSAM & ORS.

Citation: [2015] 11 S.C.R. 599 · Decided: 07-07-2015 · Supreme Court of India · Bench: F.M. IBRAHIM KALIFULLA · Disposal: Dismissed

Judgment (excerpt)

[2015) 11 S.C.R. 599 
RIJU PRASAD SARMA ETC. ETC. 
v. 
STATE OF ASSAM & ORS. 
(Civil Appeal Nos. 3276-3278 of 2013) 
JULY07,2015 
[FAKKIR MOHAMED· IBRAHIM KALIFULLA AND 
SHIVA KIRTI SINGH, JJ.] 
Trust and Charities: 
Assam State Acquisition of Lands Belonging to 
Religious or Charitable Institutions of Public Nature Act, 1959: 
A 
B 
c 
s. 25A - Scope of - Public religious endownment 
relating to Maa Kamakhya Temple - Custom pertaining to a D 
temple where women barred from voting to elect thff temple 
priest - Challenge to - Single Judge upheld the vires of s. 
25A - Division Bench held thats. 25A has very limited scope; 
and on the basis of the purported customary practices, the 
electorate for the election to the post of Doloi (Head Priest) 
E 
should be confined only to the male members of the four 
Bordeurie families - Interference with - Held: Not called for 
• - Division Bench rightly upheld the right of the trustees-
Bordeories, their elected agent, the Dolois to take care of F 
management of secular as well as religious affairs of the 
Kamakhya Temple - Powers of Bordeories and Dolois has 
not been taken away or adversely affected by the Act -
Statutory Comfflittee uls.25A is concerned only with the 
annuity payable or paid under the Act to trye Head of the G 
Institution and not with its ownership or management- There 
is no legislation to exercise restraints in matters essentially 
religious - There has been no interruption in the essential 
custom whereunder the Bordeori Samaj consisting of all adult 
males of Bordeori families enjoys exclusive monopoly over H 
599 
600 
SUPREME COURT REPORTS 
[2015] 11 S.C.R. 
A 
the power to elect Dolois - Custom of electing the Dolois 
was attempted to be changed by the Kamakhya Debutter 
Regulation but such Regulation does not have acceptance 
of the Bordeori Samaj - Regulation, 1998 is not a valid 
instrument and has no sanction of law for depriving the 
8 
customary rights of the Bordeori Samaj to elect the Dolois. 
s. 25A - Assam State Acquisition of Lands belonging 
to Religious or Charitable Institutions of Public Nature 
(Election of Managing Committee of Sri Sri Maa Kamakhya 
C 
Temple) Rules, 2012 - Validity of - Challenge to, on the 
ground that though the electoral college for the post of eJ?-
officio Secretary to the Managing Committee includes 
"deuris/Bordeuris, but the said Rules exclude the Deuris 
(both male and female) and the female bordeuris of their 
D voting rights as well as the right to contest- Held: CJ (b) ins. 
25A gives a choice or option for electing the ex-officio 
secretary either by Dearies or Bordeories depending upon 
the facts of a particular religious or charitable institution -
Rules of 2012 seek to provide for a Managing Committee in 
E terms of s. 25A only for Maa Kamakhya temple - State 
Government in the context of this particular institution has 
recognized only Bordeories - Other Devotees, Shebaits and 
Dearies, have a right to participate in. the election of other • 
F five members of the Managing Committee - Thus, the Rules 
supplem~nt the provisions of the Act and do not run counter 
to the intention of the lecislature- Such Rules must be treated 
as part of the Act and in absence of any conflict, the Rules 
only explain the real intention of the legislEfture in using the 
G sign of slash (/) between the words Dearies and Bordeories 
in Cl (b) of s. 25A. 
s. 25A - Nanan Bordeuris filing writ petition regarding 
the validity of s. 25A and the rights of the shebaits - Held: 
H Bordeori families enjoy a distinct status and monopoly in 
RIJU PRASAD SARMA ETC. ETC. v. STATE OF ASSAM 
601 
&ORS. 
matters connected with the religious as well as secular A 
management of Maa Kamakhya temple and hence, the claim 
of equality on behalf of Deoris associated w11h the Nanan 
Devalayas or even with Maa Kamakhya Temple cannot be 
accepted - State cannot be blamed for creating two electoral 
colleges and confining election rolls for the post of ex-offieio B 
secretary only to the members of the Bordeori families 
including females - Alleged discrimination vis-a-vis Deoris 
has no foundation - Plea that Rules must cover not only the. 
temple and endowment of Maa Kamakhya Devalaya but the 
entire complex including Nanan Devalayas has no support C 
or basis in law - Thus, their exclusion by virtue of Rules 
notified by the State Government is not unconstitutional. 
Actual election of. Dolois as also electoral college 
prepared for that electio

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