The Supreme Court on Monday refused to stay Tamil Nadu government's decision to appoint or dismiss Archakas in temples.
The bench of Justices Hemant Gupta and Sudhanshu Dhulia issued a notice in a plea by Former Rajya Sabha MP Dr Subramanian Swamy. The plea had challenged the provisions of the Hindu Religious and Charitable Endowments Act, 1959 on the ground that it granted the State absolute control over appointments and dismissal of archakas (priests) in Hindu temples of the State. It also tagged the matter with a similar matter pending.
"Issue notice and to be heard along with WP 476 of 2012. Respondent is served through standing counsel of the state through this court," the bench said in its order.
"This is getting to be an epidemic," Swamy said when the bench took up the matter.
On Swamy’s contention that the bench grant an interim stay of temporarily restraining the State and its officers, and employees from appointing or dismissing archakas for temples and Hindu religious institutions in the State till the final disposal of the matter, Justice Gupta said, “What kind of stay? We can’t stay the Act now.”
"Not the act but appointment of archakas by the state govt," Swamy said.
Turning down Swamy’s plea for interim relief, the bench said, "We’ll issue a notice regarding interim relief as well," bench.
Swamy’s petition in which Advocate Satya Sabharwal had assisted stated that the Government has taken over nearly 40,000 Hindu temples in the state in utter disregard for the rights of the Hindus in the State to profess, practice and propagate their religion.
"Archakas in temples do not fall within the definition of a "secular activity" and should be declared as such. The Petitioner further submits that even if the same is considered to be a "secular" activity, it cannot be taken over and carried out by the Government and can only be performed by independent trustees of Hindu temples and religious institutions /Seshammal v State of Tamil Nadu (1972) 2 SCC 111," plea states.