TRAMBAKESHWAR DEVASTHAN TRUST AND ANR. versus PRESIDENT, PUROHIT SANGH AND ORS.

Citation: [2011] 12 S.C.R. 992 · Decided: 13-10-2011 · Supreme Court of India · Bench: R.V. RAVEENDRAN · Disposal: Disposed off

Judgment (excerpt)

[2011] 12 S.C.R. 992 
A 
TRAMBAKESHWAR DEVASTHAN TRUST AND ANR. 
B 
v. 
PRESIDENT, PUROHIT SANGH AND ORS. 
(Civil Appeal No. 6639 of 2003) 
OCTOBER 13, 2011 
[R.V. RAVEENDRAN AND A.K. PATNAIK, JJ:l . 
Bombay Public Trusts Act, 1950: 
C 
ss. 2(1 O)(a), 47(3) - Religious public trust - Temple -
Appointment of Board of Trustees - Relevant considerations 
for - Held: Charity Commissioner must have regard to the 
question whether the appointment of a particular person would 
promote or impede the execution of the trust and would be in 
D the interest of the public or section of the public who have 
interest in the trust - In the instant case, while deciding the 
composition of trust, High Court considered the provisions of 
ss.2(10) and 47(3) and held that the Tungars, Purohits and 
Pujaris need to be represented in the Board of Trustees of 
E the Temple :_ High Court not only kept in mind the interest of 
the public but also interest of the temple and took a view that 
the appointment of representatives of the Tungars, Purohits 
or Pujaris in the trust would not be in conflict with the interest 
of the trust just because they have interest in the cash 
F offerings or the consideration for the pujas or performance of 
the official puja in the temple - The impugned order of the 
High Court insofar as it held that Tungars, Purohits and 
Pujaris need to be represented in the Board of Trustees by 
one member from each of these classes is upheld - However, 
to ensure that the interest of the public is protected and 
G safeguarded in all the decisions of the Board of Trustees, it 
is directed that, instead of two persons, four persons would be 
appointed by the Charity Commissioner from amongst male/ 
female, adult Hindu devotees preferably residents of 
Trimbakeshwar, who would be representing the public in the 
H 
992 
TRAMBAKESHWAR DEVASTHAN TRUST v. 
993 
PRESIDENT, PUROHIT SANGH 
Board of Trustees - This would ensure that in a composition 
A 
of maximum of nine members, four members at least would 
represent the public or the devotees of the temple and the 
decisions of the Board of Trustees would be in the larger 
interest of temple and the public or the devotees -
The 
impugned judgment of the High Court is modified accordingly 
B 
- Trust. 
Appellant, a public trust under the Bombay Public 
Trusts Act, 1950 was registered in respect of the temple 
in 1952. The Charity Commissioner modified the existing 
C 
scheme for management of the said trust and appointed 
5 trustees, one from the Tungars, one from the Purohits 
and appointment of remaining 3 was to be done by the 
Charity Commissioner himself. The order of the Charity 
Commissioner was challenged before the Additional 
District Judge who set aside the appointment of the 
D 
Tungars and the Purohits as trustees and directed that 
instead a Civil Judge would be nominated by the District 
Judge and the Chief Officer of the Trambakeshwar 
Municipality would be appointed as Ex-officio trustee and 
the Civil Judge so appointed by the District Judge would 
E 
be the Chairman of the Board of Trustees. On appeals, 
the High Court modified the composition of the trust. It 
held that the trust would have a maximum of 7 members 
namely, one nominee of the District Judge who would be 
the Ex-officio Trustee and Chairman of the Board, the 
F 
Chief Executive Officer of the Trimbakeshwar Municipal 
Council who would be the Ex-officio Trustee and in his 
absence, his immediate subordinate nominated by the 
Municipal Council, one representative to be nominated by 
the Tungar Public Trust, one representative to be G 
nominated by the Purohit Sangh (registered society), one 
person to be nominated from amongst the three Pujari 
families; and two persons to be appointed by the Charity 
Commissioner from amongst male/female, adult Hindu 
devotees preferably residents of Trimbakeshwar. 
H 
A 
B 
994 
SUPREME COURT REPORTS 
[2011] 12 S.C.R. 
In the instant appeals, it was contended for the 
appellants that the High Court was not justified in giving 
representation in the Board of Trustees to the Tungars, 
Purohits and Pujaris, particularly since Tungars and 
Purohits had direct pecuniary interest in the temple. 
Disposing of the appeals, the Court 
HELD: 1.1. It will be clear from a reading of Section 
2(10)(a) of the Bombay Public Trusts Act, 1950 that in the 
case of a temple, person who is entitled to attend at or is 
:::: 
in the habit of attending the performance of worship or 
serv

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