SC appoints Nashik divisional commissioner as administrator of Shani Shingnapur temple

New Delhi, Dec 19 (PTI) The Supreme Court on Friday stayed the operation of the Bombay High Court order restoring the control of the temple trust of the Shree Shanaishwar Devasthan at Shingnapur, saying it cannot put the crores of rupees of offerings made by devotees in the hand of a body, whose term is expiring on December 31.

A bench of Chief Justice Surya Kant and justices Joymalya Bagchi and Vipul M Pancholi, issued notice to the members of the temple trust on a plea of the Maharashtra government challenging the December 12 decision of the Aurangabad bench of the high court.

The bench entrusted the administration to Nashik divisional commissioner, who will be assisted by sub-divisional magistrates to look after the day-to-day affairs of the iconic temple.

"Let the operation of the December 12 order be stayed. The decisions of the collector are also stayed. Having gone through these orders, we direct the commissioner of Nashik division to be appointed as the administrator. Let the officer take charge over smooth day-to-day functioning of the temple," the bench ordered.

The top court said the arrangement will continue till a new committee is constituted to manage the affairs of the temple under the Shingnapur Trust Act, 2018.

"It is dangerous to put you (trust) in charge of hundreds of crores of offerings made by devotees at the time, when the term is set to expire on December 31. We are also not in favour of the administrator continuing as in-charge of the temple," the top court said, as it asked the state government to file a timeline indicating by what timeframe it would constitute the committee to administer the temple.

The bench, which was critical of the conduct of the collector handing over the charge of the temple to the trust without even waiting for the state to file the appeal against the high court order, said it appears the trustees are of immense political clout and the officer was under their influence.

"It is shocking that the high court passed the order on December 12 and the officer, without even waiting for the state to file a special leave petition, calls you in his office and hands over the accounts of the temple and other things immediately. We have to understand what was happening there," the bench told the counsel appearing for the trust, adding that "the officer seems to be under their influence".

At the outset, Solicitor General Tushar Mehta, appearing for the state government said that the temple trust has employed over 2000 employees and have paid over Rs 2 crores to them.

"Why does the trust have to employ over 2000 employees? It appears, we have to recover money from them," Mehta submitted, adding that there was something more than what meets the eye.

CJI Kant told the counsel for the trust that these trustees seem to have strong political connections and even the collector is giving them everything.

The bench asked the trustees to file their replies and posted the matter for further hearing in the third week of January.

Mehta said that the conduct of the collector, who was working since September needs to be investigated, it seems.

The counsel for the trust said the expenses including salary of employees were pending for months and there was no need to upset the arrangement, continuing for years.

She submitted that the government did not follow the statutory regime and everything was done with a political motive.

The counsel said everything was done at the behest of a minister in the state government and the high court has rightly restored the control of the temple to the trust.

On December 12, the Aurangabad bench struck down the Maharashtra government's decision to appoint the Ahilyanagar collector as administrator of the Shingnapur trust, terming the action as "illegal" and beyond the scope of the Act of 2018.

The high court had said the acts done by the administrator and the committee constituted by him without any authority are illegal and, therefore, status quo ante was required to be granted.

It had quashed the government resolution dated September 22, which brought the Act into force and simultaneously appointed the collector as administrator, and also set aside the collector's communication dated September 30, constituting a committee.

The high court had directed the collector and the committee to hand over all movable and immovable properties of the trust to the erstwhile trustees within seven days and allowed the trust to operate its bank account until the state frames rules and constitutes a management committee under the Act.

The high court had noted that the trustees were elected in December, 2020 for a five-year term ending on December 31.

The state government has alleged mismanagement before the high court and said the trust showed employment of 2,474 people, but actual physical verification found only 153 present. PTI MNL ZMN