CHENNAI: Refusing to modify certain directions passed earlier regarding the maintenance of temples and their affairs under the control of the Hindu Religious and Charitable Endowments (HR&CE) department, a special division bench held that an audit held by the Comptroller and Auditor General (CAG) of India would not take away any right of the State.
The special bench consisting of justices R Mahadevan and PD Audikesavalu, in a recent order on a petition seeking a review of its 2021 orders, said the court is of the opinion that such a direction was given in the interest of the temples and all places of historical importance as HR&CE officials have not maintained proper accounts regarding income from land, the extent of land and leases.
“As per Article 149 of the Constitution, the CAG can audit the accounts of the state at the request of the state or any department, and hence, the conduct of such audit will not take away any right of the government’s administration. The state can also follow its own mechanism of audit,” the bench said.
Referring to the appointment of trustees of temples, the court underscored that it cannot be based merely on political will. However, it added, if a person fulfils all the eligibility criteria, then mere political connection would not vitiate his appointment as trustee.
As far as the direction to the government to amend rules to incorporate one more member to the heritage commission, in addition to the existing 16, the court said it is well within its powers to issue such direction.