JUDGMENT V.K. Gupta, C.J. 1. This writ application under Article 226 of the Constitution has been filed by Shri Ajit Kumar petitioner, an Advocate of this Court with respect to the Management and improvements in the Administration of Shri Baidyanath Temple in Deoghar. Following reliefs have been prayed for in the writ application :-- "(i) That in the instant writ application which is being filed in the nature of Public Interest Litigation the petitioner prays for appropriate directions commanding upon the respondents to make proper improvements in the administration beautification and other arrangements in the Baidyanath Temple similar to which has been done at other religious places like in the temple of Lord Balajee Temple, Tirupathi or in the temple of Mother Goddess Vaisno Devi considering the facts that the present day situation prevailing in the temple of Baba Baidyanath at Deoghar is really pathetic as if no improvements or any development has been made in the said temple for the years together. And/or (ii) The petitioner further prays for appropriate directions commanding upon the respondents or directing them to formulate a concrete scheme for the improvements and developments of the Baba Baidyanath Temple. Deoghar under the guidelines, control and supervision of the Deputy Commissioner, Deoghar (who is also the Trustee and is supposed to know all facts, loopholes, difficulties and situations prevailing in the administration and conditions of the Baba Baidyanath Temple) for executing the said scheme which may be prepared by the respondent/respondents under the directions of this Honble Court within a stipulated time so that the crores of pilgrims who are likely to reach in the coming season of Shravan may be benefitted. And/or (iii) The petitioner further prays for appropriate directions commanding upon the respondent No. 1 the State of Jharkhand to completely take over the matters of Administration. Maintenance and Development of the Baba Baidyanath Temple, Deoghar considering the present day conditions of the temple (which are being narrated in the below mentioned paragraphs) and to fix entire responsibility upon any responsible authority or the Deputy Commissioner. Deoghar so that there should not be any sort of laches and deterioration of the conditions of the temple may be checked. And/or (iv) The petitioner further prays for any other or further directions which your Lordships may deem fit in the facts and circumstances of the case." 2. Deoghar so that there should not be any sort of laches and deterioration of the conditions of the temple may be checked. And/or (iv) The petitioner further prays for any other or further directions which your Lordships may deem fit in the facts and circumstances of the case." 2. It is submitted by the petitioner that the history of the Temple of Baidyanath dates back to ancient times and according to the tenets of Hindu Religion and the Traditions of Shiv Puran and Padama Puran. the origin of the Temple and its history are traceable to Treta Yug. 3. It has been submitted that despite the provisions contained in Bihar Hindu Religious Trusts Act. 1950, the management of the Temple has not been carried on in accordance with established norms. Various orders were passed by this Court from time to time during the course of the proceedings in this case. Two applications for intervention also came to be filed by two sets of proposed Intervenes: one by Dharma Rakshani Sabha, through its General Secretary, Shri Durlav Mishra and the other by what has been styled as the Committee of the Management of Baidyanath Temple" (This application has been filed through Shri Krishna Nand Jha who has also filed the supporting affidavit). 4. On 7.5.2001, in our order, while dealing with various aspects of the matter, we had observed that the parties generally agreed that even while the Deputy Commissioner, Deoghar, should continue to function in his presents status of Trustee, there was an imperative need to appoint a broad based Management Board. Accordingly based on our observations in that order that till we nominate and constitute a full-fledged Management Board, we passed an order and issued a direction that, even while Deputy Commissioner, Deoghar would continue to function in his present status and capacity as the Tnast.ee or Receiver/Administrator for more efficient and better management of the temple a committee comprising of the Deputy Commissioner. Superintendent of Police, and District Judge, Deoghar should be constituted. Various other directions were also issued in that order. 5. On 1st June. 2001, we also constituted a Committee comprising of 8 Members of the Bar for carrying out inspection of the Temple premises and for submitting periodical reports to us. Various orders were passed from time to time and various directions were issued during the course of these orders. Various other directions were also issued in that order. 5. On 1st June. 2001, we also constituted a Committee comprising of 8 Members of the Bar for carrying out inspection of the Temple premises and for submitting periodical reports to us. Various orders were passed from time to time and various directions were issued during the course of these orders. Some of these orders have been implemented and directions carried out some yet remain to be implemented and complied with. Today we wish to make it absolutely clear that all our orders passed and directions issued from time to time in this case were, and are required to be implemented, complied with and carried out by all concerned. 6. Baba Baidyanath is a Temple of very high religious importance and is one of the 12 Jyoti-Linghs in the Hindu Religion. Parties generally agree that the Temple management is not in an excellent condition. It is the undisputed case of all the parties that more than fifty lacs pilgrims visit the Temple every year for pilgrimage and for paying obeisance in the sanctum sanctorum. However, a very surprising and intriguing disclosure made during the course of hearing of this case was that despite almost fifty lacs pilgrims visiting the Temple every year, the annual offerings hardly ever exceeded Rs. 15 lakhs. In a Temple where fifty lacs people visit every year, just Rs, 15 lakhs being collected every year by way of offerings was something which was very un-under-standable, surprising and intriguing. This therefore may be a reason for deplorable condition of the Temple. 7. With respect to the affairs of the Temple and total mismanagement in the Temple, the Supreme Court had the occasion to make some scathing observations in the case of State of Bihar and others v. Bhabapritananda Ojha reported in AIR 1959 SC 1073 . We quote :-- "Under the system introduced by the agreement of 1791, the mismanagement of the temple was a source of constant complaint, the temple and "ghats" were frequently out of repair and the high priest was charged with alienating villages from the temple and treating his situation as a means of enriching himself and his family. On the death of the high priest in 1820 a dispute over the succession arose between an uncle and a nephew". On the death of the high priest in 1820 a dispute over the succession arose between an uncle and a nephew". And it is common knowledge that ever since the situation has not improved at all. If at all it has become worse and deteriorated further. 8. Today when the matter come up for consideration before us and also while hearing the Intervention Applications we asked Shri Abhay Kumar Singh, learned counsel appearing for the Intervener of this case to point out to us any document, order or instrument whereby it could be said or established that the Intervener namely the "Committee of the Management of Baidyanath Temple" was conferred or invested with the power of management of this temple. Mr. Singh could not point out to any such document or order. He very fairly, and candidly conceded before us that the only document on which he could seek reliance was a communication dated 2nd March. 1987. copy whereof was filed as Annexure-6 with his Intervention Application. A perusal of this order, however, suggests that actually through this order the Government of Bihar had cancelled and revoked the powers of any earlier Committee and had given the management to a Committee constituted by the Additional District Judge. Burdwan. We are told that the Deputy Commissioner, Deoghar was this "one-man Committee" thus invested with the power of management of the temple. During the course of hearing today Mr. Abhay Kumar Singh also submitted that if his client Mr. Krishna Nand Jha is included as a member of the Management Committee to be constituted by the Court, he shall be satisfied. Mr. Krishna Nand Jha, who was present in person also agreed for the same and showed his willingness for this proposal. 9. In so far as the Intervention Application filed on behalf of Panda Dharma Rakshni Sabha is concerned Mr. P.N. Chatterjee learned counsel appearing for this Intervener submitted that his client is agreeable to nominate two of its representatives for inclusion in such a Management Committee as would be constituted by this Court and that these two representatives of Panda Dharma Rakshni Sabha would be chosen through an election of the Members of the Sabha. Mr. Durlav Mishra the representative of the Sabha also present in person in the Court agreed for the same- 10. Mr. Durlav Mishra the representative of the Sabha also present in person in the Court agreed for the same- 10. All the parties are thus in unison, and being in total agreement with this proposal, they have thus accordingly submitted and agreed that we should constitute a high powered Committee to manage the affairs of the temple. The parties have also actually indicated and suggested the names of the following persons as the Members of the Committee. Based on such an agreement accordingly we hereby dispose of this petition and while issuing herein below contained directions, also constitute a Committee to be called as the Management Board comprising of the following members :-- (1) Shri T.P. Sinha. Former Director General of Police. Jharkhand, as the Chairman of the Board (2) District Judge. Deoghar Member Ex-Officio (3) Superintendent of Police, Deoghar Member Ex-Officio (4) Member of Parliament (Lok Sabha) from Deoghar Member Ex-Officio (5) Member of Jharkhand Legislative Assembly from Deoghar Member Ex-Officio (6) Shri Acharya Kishore Kunal. Secretary Mahavir Mandir Trust, Patna Member (7) Mr. S.P. Saharia, Suite 4-B. 4th floor 14-B Camac Street, Kolkata 700017. Member (8) Shri Krishna Nand Jha, son of Pandit Binoda Nand Jha, Deoghar. Member (9) Shri Tara Chand Jain, Secretary, Chamber of Commerce. Deoghar. Member (10) (11) Two nominees of the Panda Dharma Rakshni Sabha, Deoghar (to be nominated through election) Members (12) Deputy Commissioner, Deoghar as He shall also function as Chief Executive Officer of the Temple Management. Subdivisional Officer, Deoghar even though would not be considered as a Member of the Managing Board, but he shall function as Assistant Secretary both to the Managing Board and to the Secretary-cum-Chief Executive Officer, i.e the Deputy Commissioner, Deoghar, Member Secretary 11. Two nominee Members of Shri Dharma Rakshni Sahba shall be elected by the Sabha. If any dispute arises with respect to any matter relating to the nomination of these two Members of the Sabha, their election or their appropriate representative character, such dispute shall be resolved by a three Member Committee comprising of District Judge, Deputy Commissioner and Superintendent of Police, Deoghar and their decision on this issue or connected issues shall be final and binding on all parties concerned. 12. The Committee constituted as aforesaid shall assume charge immediately and shall hold its first meeting in the month of May, 2002. 12. The Committee constituted as aforesaid shall assume charge immediately and shall hold its first meeting in the month of May, 2002. If during this period, the Sabha elects and nominates its two representative Members they would join the Committee but if this does not happen, the vacancy of these two persons shall not effect the constitution of the Committee, meetings of the Committee, the proceedings in such meetings, or the decisions taken thereof. A minimum of seven members present in any meeting of the Managing Board shall constitute the Quorum for such a meeting. However, no meeting of the Management Board shall be considered valid unless a minimum of three members out of the members mentioned at serials Nos. 1, 2, 3 and 12 attend the meeting. If the Chairman of the Board for some reason is unable to attend any meeting, the meeting shall be presided by the District Judge and in his absence by the Deputy Commissioner. 13. The management Board may appoint a whole time Administrative Officer or a Manager to manage the office of the temple. If the Management Board considers desirable it may also appoint other personnel in the office of the temple. These Officials shall be directly responsible to report to the Chief Executive Officer. 14. The aforesaid Management Board shall be in over-all charge of control and management of the temple and all matters related thereto or connected therewith. This Board shall also be responsible with respect to all the affairs of the temple Administration. 15. The Board may formulate and draw up a scheme for the management of the temple and submit the same co this Court for its approval within three months from today. 16. If, for any reason whatsoever any vacancy in the Management Committee occurs, be it of the Chairman or anyone else. except the members/office bearers ex-officio, the same shall be filled up only by order of this Court. The Deputy Commissioner, Deoghar, shall be responsible to bring this fact to the notice of this Court. 17. With respect to the meeting of the Management Board we direct that the first meeting shall be called in the month of May. In the month of June, there shall be another meeting. The next meeting shall be held in July-August. The fourth meeting shall be held in September and the 5th in October-November. 17. With respect to the meeting of the Management Board we direct that the first meeting shall be called in the month of May. In the month of June, there shall be another meeting. The next meeting shall be held in July-August. The fourth meeting shall be held in September and the 5th in October-November. The last meeting in this year shall be held in December. By this schedule of the meetings we are indicating the minimum number of meetings to be held because in our considered opinion. to kick start the developmental activities, to tap growth-potential and to put the management in top gear, these meetings in this year are highly essential because this frequency of meetings alone can give the required boost to the Administration. We leave it to the Management Board to have more meetings in this year if it considers it desirable. From January. 2003, however, we leave it entirely to the Management Board to decide about the frequency of meetings but at least one meeting in a quarter shall be held. It shall be the duty of the Deputy Commissioner. Deoghar. to call the meetings and at least ten days notice shall be served upon the Members of the Management Board. 18. We are told that there is a piece of land belonging to the temple measuring about 5000-6000 sqr. ft. which is right behind the temple trust office. The Management Board shall be well within its rights to put this piece of land to any use, be in its possession and to develop the same for the better management of the temple, its affairs and all related activities. 19. In fact it has been contended by everyone that in the last many decades there has not been any improvement in the temple area worth the name, or in the management affairs of the temple. There is thus a crying need for such an improvement. 20. 19. In fact it has been contended by everyone that in the last many decades there has not been any improvement in the temple area worth the name, or in the management affairs of the temple. There is thus a crying need for such an improvement. 20. We do not wish to lay down any policy guidelines, not do we wish to circumscribe in any manner the frame-work of the Management Boards working, yet we do wish to observe that with respect to the following matters, the Management Board may be well advised to consider taking immediate action :-- (1) Donation Boxes/Hundies shall be kept at such vantage and strategic locations as to attract the maximum number of pilgrims being enthused to drop their donations into these Boxes/Hundies. Prominent hoardings of big size shall be displayed all-arround urging the pilgrims to be liberal and put their donations in the Boxes/Hundies, because this money would be spent for the improvements, management activities and for the convenience of the pilgrims as such. (2) The activities of the pandas may be suitably regulated including their entry/exit in the temple in such a manner so as to ensure that the pilgrims while performing the pujas may get the assistance of the pandas if so required, but at the same time no pilgrim is harassed nor is there over-crowding of pandas in the temple complex. (3) It was urged before us at the Bar that to raise funds and to regulate the entry through a proper queuing system the pilgrims may be issued tokens, each token valuing Rs. 2/- per pilgrim. We leave this issue to the management Board for being considered and decided upon, keeping in view the sensitivities, the religious sanctions the practical aspects and the feasibility points. However, the issue of raising of the funds should be considered as an important factor in any such exercise. (4) Because we think that the Management Board may face or feel embarrassment on this issue, we observe and direct that if any Member of the Board, in connections with meetings or any other work undertakes any journey or incurs any expense, the management of the temple shall re-imburse such amount to such a member, including the travelling expenses and the boarding etc. (5) We are told that there is a requirement of installation of air- conditioning units in the Temple Complex. (5) We are told that there is a requirement of installation of air- conditioning units in the Temple Complex. The Management Board may look into such requirement, consider its desirability and if it finds that air- conditioners are required to be installed, it may take a decision with respect to such aspect of the matter. (6) With respect to any issue or matter not contained or touched upon in this order, the Management Board shall be competent to take a decision. 21. We are told that with respect to a dispute relating to the claim of some parties with respect to Gaddi of Ojhaship (Highest Priest). Title Suit No. 64/70 is pending in the Court of sub-Judge I, Deoghar since March, 1970, Eventhough this suit may not have a direct bearing on the administration, management and affairs of the temple as such and the activities relating thereto on the pretext of this suit pending in a Court, some parties are trying to exploit the situation to the prejudice of the temple, its management, the desired level of improvements to be carried out and various other welfare activities relating thereto. It has been already 32 years since this suit has been pending and yet the suit has not been disposed of. We had summoned the file of the suit from the trial Court and find that the evidence in the suit is over and the suit is fixed for final argument. We also found from a perusal of the file that all possible dilatory tactics were adopted in delaying the disposal of this suit by adopting one method or the other. 22. In order to ensure that the suit is disposed of finally, we direct that the proceedings in the suit shall now continue on day-to-day basis and the learned trial Court shall after completing the process of hearing arguments pronounce judgment in the suit very very expeditiously and within two months from today. We also direct the learned trial Court not to receive or entertain any application by any parry at this stage unless, for reasons and grounds to be recorded in details, it is of the considered opinion that refusal to receive any such application shall be prejudicial to the interests of justice or may act gravely against the interests of any of the parties. These directions regarding the disposal of the suit and non-receipt or non-entertaining of any application hereafter are, of course, subject to any order or orders passed by the Supreme Court and as duly communicated to the learned trial Court. 23. We grant liberty to all the parties herein and to everyone else to approach us, if ever the need arises or the need is felt for any modification, clarification or vacation, with respect to these directions, or any directions issued earlier, or for obtaining any order as might be considered desirable. 24. Let copies of this order be given to Mr. Binod Poddar, learned Addl. Advocate General and counsel for other parties. We hold Mr. Poddar responsible to communicate this order to Deputy Commissioner, Deoghar, within 24 hours for his information, dissemination from him to others concerned and for strict implementation and compliance in all respects. 25. Petition disposed of. No order as to costs. Main Search Forums Advanced Search Disclaimer Ajit Kumar vs State Of Jharkhand And Ors. on 8 May, 2002 Cites 2 docs Article 226 in The Constitution Of India 1949 Jharkhand High Court Ajit Kumar vs State Of Jharkhand And Ors. on 8/5/2002 JUDGMENT V.K. Gupta, C.J. 1. This writ application under Article 226 of the Constitution has been filed by Shri Ajit Kumar petitioner, an Advocate of this Court with respect to the Management and improvements in the Administration of Shri Baidyanath Temple in Deoghar. Following reliefs have been prayed for in the writ application :-- "(i) That in the instant writ application which is being filed in the nature of Public Interest Litigation the petitioner prays for appropriate directions commanding upon the respondents to make proper improvements in the administration beautification and other arrangements in the Baidyanath Temple similar to which has been done at other religious places like in the temple of Lord Balajee Temple, Tirupathi or in the temple of Mother Goddess Vaisno Devi considering the facts that the present day situation prevailing in the temple of Baba Baidyanath at Deoghar is really pathetic as if no improvements or any development has been made in the said temple for the years together. And/or (ii) The petitioner further prays for appropriate directions commanding upon the respondents or directing them to formulate a concrete scheme for the improvements and developments of the Baba Baidyanath Temple. And/or (ii) The petitioner further prays for appropriate directions commanding upon the respondents or directing them to formulate a concrete scheme for the improvements and developments of the Baba Baidyanath Temple. Deoghar under the guidelines, control and supervision of the Deputy Commissioner, Deoghar (who is also the Trustee and is supposed to know all facts, loopholes, difficulties and situations prevailing in the administration and conditions of the Baba Baidyanath Temple) for executing the said scheme which may be prepared by the respondent/respondents under the directions of this Honble Court within a stipulated time so that the crores of pilgrims who are likely to reach in the coming season of Shravan may be benefitted. And/or (iii) The petitioner further prays for appropriate directions commanding upon the respondent No. 1 the State of Jharkhand to completely take over the matters of Administration. Maintenance and Development of the Baba Baidyanath Temple, Deoghar considering the present day conditions of the temple (which are being narrated in the below mentioned paragraphs) and to fix entire responsibility upon any responsible authority or the Deputy Commissioner. Deoghar so that there should not be any sort of laches and deterioration of the conditions of the temple may be checked. And/or (iv) The petitioner further prays for any other or further directions which your Lordships may deem fit in the facts and circumstances of the case." 2. It is submitted by the petitioner that the history of the Temple of Baidyanath dates back to ancient times and according to the tenets of Hindu Religion and the Traditions of Shiv Puran and Padama Puran. the origin of the Temple and its history are traceable to Treta Yug. 3. It has been submitted that despite the provisions contained in Bihar Hindu Religious Trusts Act. 1950, the management of the Temple has not been carried on in accordance with established norms. Various orders were passed by this Court from time to time during the course of the proceedings in this case. Two applications for intervention also came to be filed by two sets of proposed Intervenes: one by Dharma Rakshani Sabha, through its General Secretary, Shri Durlav Mishra and the other by what has been styled as the Committee of the Management of Baidyanath Temple" (This application has been filed through Shri Krishna Nand Jha who has also filed the supporting affidavit). 4. 4. On 7.5.2001, in our order, while dealing with various aspects of the matter, we had observed that the parties generally agreed that even while the Deputy Commissioner, Deoghar, should continue to function in his presents status of Trustee, there was an imperative need to appoint a broad based Management Board. Accordingly based on our observations in that order that till we nominate and constitute a full-fledged Management Board, we passed an order and issued a direction that, even while Deputy Commissioner, Deoghar would continue to function in his present status and capacity as the Tnast.ee or Receiver/Administrator for more efficient and better management of the temple a committee comprising of the Deputy Commissioner. Superintendent of Police, and District Judge, Deoghar should be constituted. Various other directions were also issued in that order. 5. On 1st June. 2001, we also constituted a Committee comprising of 8 Members of the Bar for carrying out inspection of the Temple premises and for submitting periodical reports to us. Various orders were passed from time to time and various directions were issued during the course of these orders. Some of these orders have been implemented and directions carried out some yet remain to be implemented and complied with. Today we wish to make it absolutely clear that all our orders passed and directions issued from time to time in this case were, and are required to be implemented, complied with and carried out by all concerned. 6. Baba Baidyanath is a Temple of very high religious importance and is one of the 12 Jyoti-Linghs in the Hindu Religion. Parties generally agree that the Temple management is not in an excellent condition. It is the undisputed case of all the parties that more than fifty lacs pilgrims visit the Temple every year for pilgrimage and for paying obeisance in the sanctum sanctorum. However, a very surprising and intriguing disclosure made during the course of hearing of this case was that despite almost fifty lacs pilgrims visiting the Temple every year, the annual offerings hardly ever exceeded Rs. 15 lakhs. In a Temple where fifty lacs people visit every year, just Rs, 15 lakhs being collected every year by way of offerings was something which was very un-under-standable, surprising and intriguing. This therefore may be a reason for deplorable condition of the Temple. 7. 15 lakhs. In a Temple where fifty lacs people visit every year, just Rs, 15 lakhs being collected every year by way of offerings was something which was very un-under-standable, surprising and intriguing. This therefore may be a reason for deplorable condition of the Temple. 7. With respect to the affairs of the Temple and total mismanagement in the Temple, the Supreme Court had the occasion to make some scathing observations in the case of State of Bihar and others v. Bhabapritananda Ojha reported in AIR 1959 SC 1073 . We quote :-- "Under the system introduced by the agreement of 1791, the mismanagement of the temple was a source of constant complaint, the temple and "ghats" were frequently out of repair and the high priest was charged with alienating villages from the temple and treating his situation as a means of enriching himself and his family. On the death of the high priest in 1820 a dispute over the succession arose between an uncle and a nephew". And it is common knowledge that ever since the situation has not improved at all. If at all it has become worse and deteriorated further. 8. Today when the matter come up for consideration before us and also while hearing the Intervention Applications we asked Shri Abhay Kumar Singh, learned counsel appearing for the Intervener of this case to point out to us any document, order or instrument whereby it could be said or established that the Intervener namely the "Committee of the Management of Baidyanath Temple" was conferred or invested with the power of management of this temple. Mr. Singh could not point out to any such document or order. He very fairly, and candidly conceded before us that the only document on which he could seek reliance was a communication dated 2nd March. 1987. copy whereof was filed as Annexure-6 with his Intervention Application. A perusal of this order, however, suggests that actually through this order the Government of Bihar had cancelled and revoked the powers of any earlier Committee and had given the management to a Committee constituted by the Additional District Judge. Burdwan. We are told that the Deputy Commissioner, Deoghar was this "one-man Committee" thus invested with the power of management of the temple. During the course of hearing today Mr. Abhay Kumar Singh also submitted that if his client Mr. Burdwan. We are told that the Deputy Commissioner, Deoghar was this "one-man Committee" thus invested with the power of management of the temple. During the course of hearing today Mr. Abhay Kumar Singh also submitted that if his client Mr. Krishna Nand Jha is included as a member of the Management Committee to be constituted by the Court, he shall be satisfied. Mr. Krishna Nand Jha, who was present in person also agreed for the same and showed his willingness for this proposal. 9. In so far as the Intervention Application filed on behalf of Panda Dharma Rakshni Sabha is concerned Mr. P.N. Chatterjee learned counsel appearing for this Intervener submitted that his client is agreeable to nominate two of its representatives for inclusion in such a Management Committee as would be constituted by this Court and that these two representatives of Panda Dharma Rakshni Sabha would be chosen through an election of the Members of the Sabha. Mr. Durlav Mishra the representative of the Sabha also present in person in the Court agreed for the same- 10. All the parties are thus in unison, and being in total agreement with this proposal, they have thus accordingly submitted and agreed that we should constitute a high powered Committee to manage the affairs of the temple. The parties have also actually indicated and suggested the names of the following persons as the Members of the Committee. Based on such an agreement accordingly we hereby dispose of this petition and while issuing herein below contained directions, also constitute a Committee to be called as the Management Board comprising of the following members :-- (1) Shri T.P. Sinha. Former Director General of Police. Jharkhand, as the Chairman of the Board (2) District Judge. Deoghar Member Ex-Officio (3) Superintendent of Police, Deoghar Member Ex-Officio (4) Member of Parliament (Lok Sabha) from Deoghar Member Ex-Officio (5) Member of Jharkhand Legislative Assembly from Deoghar Member Ex-Officio (6) Shri Acharya Kishore Kunal. Secretary Mahavir Mandir Trust, Patna Member (7) Mr. S.P. Saharia, Suite 4-B. 4th floor 14-B Camac Street, Kolkata 700017. Member (8) Shri Krishna Nand Jha, son of Pandit Binoda Nand Jha, Deoghar. Member (9) Shri Tara Chand Jain, Secretary, Chamber of Commerce. Deoghar. Secretary Mahavir Mandir Trust, Patna Member (7) Mr. S.P. Saharia, Suite 4-B. 4th floor 14-B Camac Street, Kolkata 700017. Member (8) Shri Krishna Nand Jha, son of Pandit Binoda Nand Jha, Deoghar. Member (9) Shri Tara Chand Jain, Secretary, Chamber of Commerce. Deoghar. Member (10) (11) Two nominees of the Panda Dharma Rakshni Sabha, Deoghar (to be nominated through election) Members (12) Deputy Commissioner, Deoghar as He shall also function as Chief Executive Officer of the Temple Management. Subdivisional Officer, Deoghar even though would not be considered as a Member of the Managing Board, but he shall function as Assistant Secretary both to the Managing Board and to the Secretary-cum-Chief Executive Officer, i.e the Deputy Commissioner, Deoghar, Member Secretary 11. Two nominee Members of Shri Dharma Rakshni Sahba shall be elected by the Sabha. If any dispute arises with respect to any matter relating to the nomination of these two Members of the Sabha, their election or their appropriate representative character, such dispute shall be resolved by a three Member Committee comprising of District Judge, Deputy Commissioner and Superintendent of Police, Deoghar and their decision on this issue or connected issues shall be final and binding on all parties concerned. 12. The Committee constituted as aforesaid shall assume charge immediately and shall hold its first meeting in the month of May, 2002. If during this period, the Sabha elects and nominates its two representative Members they would join the Committee but if this does not happen, the vacancy of these two persons shall not effect the constitution of the Committee, meetings of the Committee, the proceedings in such meetings, or the decisions taken thereof. A minimum of seven members present in any meeting of the Managing Board shall constitute the Quorum for such a meeting. However, no meeting of the Management Board shall be considered valid unless a minimum of three members out of the members mentioned at serials Nos. 1, 2, 3 and 12 attend the meeting. If the Chairman of the Board for some reason is unable to attend any meeting, the meeting shall be presided by the District Judge and in his absence by the Deputy Commissioner. 13. The management Board may appoint a whole time Administrative Officer or a Manager to manage the office of the temple. If the Management Board considers desirable it may also appoint other personnel in the office of the temple. 13. The management Board may appoint a whole time Administrative Officer or a Manager to manage the office of the temple. If the Management Board considers desirable it may also appoint other personnel in the office of the temple. These Officials shall be directly responsible to report to the Chief Executive Officer. 14. The aforesaid Management Board shall be in over-all charge of control and management of the temple and all matters related thereto or connected therewith. This Board shall also be responsible with respect to all the affairs of the temple Administration. 15. The Board may formulate and draw up a scheme for the management of the temple and submit the same co this Court for its approval within three months from today. 16. If, for any reason whatsoever any vacancy in the Management Committee occurs, be it of the Chairman or anyone else. except the members/office bearers ex-officio, the same shall be filled up only by order of this Court. The Deputy Commissioner, Deoghar, shall be responsible to bring this fact to the notice of this Court. 17. With respect to the meeting of the Management Board we direct that the first meeting shall be called in the month of May. In the month of June, there shall be another meeting. The next meeting shall be held in July-August. The fourth meeting shall be held in September and the 5th in October-November. The last meeting in this year shall be held in December. By this schedule of the meetings we are indicating the minimum number of meetings to be held because in our considered opinion. to kick start the developmental activities, to tap growth-potential and to put the management in top gear, these meetings in this year are highly essential because this frequency of meetings alone can give the required boost to the Administration. We leave it to the Management Board to have more meetings in this year if it considers it desirable. From January. 2003, however, we leave it entirely to the Management Board to decide about the frequency of meetings but at least one meeting in a quarter shall be held. It shall be the duty of the Deputy Commissioner. Deoghar. to call the meetings and at least ten days notice shall be served upon the Members of the Management Board. 18. 2003, however, we leave it entirely to the Management Board to decide about the frequency of meetings but at least one meeting in a quarter shall be held. It shall be the duty of the Deputy Commissioner. Deoghar. to call the meetings and at least ten days notice shall be served upon the Members of the Management Board. 18. We are told that there is a piece of land belonging to the temple measuring about 5000-6000 sqr. ft. which is right behind the temple trust office. The Management Board shall be well within its rights to put this piece of land to any use, be in its possession and to develop the same for the better management of the temple, its affairs and all related activities. 19. In fact it has been contended by everyone that in the last many decades there has not been any improvement in the temple area worth the name, or in the management affairs of the temple. There is thus a crying need for such an improvement. 20. We do not wish to lay down any policy guidelines, not do we wish to circumscribe in any manner the frame-work of the Management Boards working, yet we do wish to observe that with respect to the following matters, the Management Board may be well advised to consider taking immediate action :-- (1) Donation Boxes/Hundies shall be kept at such vantage and strategic locations as to attract the maximum number of pilgrims being enthused to drop their donations into these Boxes/Hundies. Prominent hoardings of big size shall be displayed all-arround urging the pilgrims to be liberal and put their donations in the Boxes/Hundies, because this money would be spent for the improvements, management activities and for the convenience of the pilgrims as such. (2) The activities of the pandas may be suitably regulated including their entry/exit in the temple in such a manner so as to ensure that the pilgrims while performing the pujas may get the assistance of the pandas if so required, but at the same time no pilgrim is harassed nor is there over-crowding of pandas in the temple complex. (3) It was urged before us at the Bar that to raise funds and to regulate the entry through a proper queuing system the pilgrims may be issued tokens, each token valuing Rs. 2/- per pilgrim. (3) It was urged before us at the Bar that to raise funds and to regulate the entry through a proper queuing system the pilgrims may be issued tokens, each token valuing Rs. 2/- per pilgrim. We leave this issue to the management Board for being considered and decided upon, keeping in view the sensitivities, the religious sanctions the practical aspects and the feasibility points. However, the issue of raising of the funds should be considered as an important factor in any such exercise. (4) Because we think that the Management Board may face or feel embarrassment on this issue, we observe and direct that if any Member of the Board, in connections with meetings or any other work undertakes any journey or incurs any expense, the management of the temple shall re-imburse such amount to such a member, including the travelling expenses and the boarding etc. (5) We are told that there is a requirement of installation of air- conditioning units in the Temple Complex. The Management Board may look into such requirement, consider its desirability and if it finds that air- conditioners are required to be installed, it may take a decision with respect to such aspect of the matter. (6) With respect to any issue or matter not contained or touched upon in this order, the Management Board shall be competent to take a decision. 21. We are told that with respect to a dispute relating to the claim of some parties with respect to Gaddi of Ojhaship (Highest Priest). Title Suit No. 64/70 is pending in the Court of sub-Judge I, Deoghar since March, 1970, Eventhough this suit may not have a direct bearing on the administration, management and affairs of the temple as such and the activities relating thereto on the pretext of this suit pending in a Court, some parties are trying to exploit the situation to the prejudice of the temple, its management, the desired level of improvements to be carried out and various other welfare activities relating thereto. It has been already 32 years since this suit has been pending and yet the suit has not been disposed of. We had summoned the file of the suit from the trial Court and find that the evidence in the suit is over and the suit is fixed for final argument. It has been already 32 years since this suit has been pending and yet the suit has not been disposed of. We had summoned the file of the suit from the trial Court and find that the evidence in the suit is over and the suit is fixed for final argument. We also found from a perusal of the file that all possible dilatory tactics were adopted in delaying the disposal of this suit by adopting one method or the other. 22. In order to ensure that the suit is disposed of finally, we direct that the proceedings in the suit shall now continue on day-to-day basis and the learned trial Court shall after completing the process of hearing arguments pronounce judgment in the suit very very expeditiously and within two months from today. We also direct the learned trial Court not to receive or entertain any application by any parry at this stage unless, for reasons and grounds to be recorded in details, it is of the considered opinion that refusal to receive any such application shall be prejudicial to the interests of justice or may act gravely against the interests of any of the parties. These directions regarding the disposal of the suit and non-receipt or non-entertaining of any application hereafter are, of course, subject to any order or orders passed by the Supreme Court and as duly communicated to the learned trial Court. 23. We grant liberty to all the parties herein and to everyone else to approach us, if ever the need arises or the need is felt for any modification, clarification or vacation, with respect to these directions, or any directions issued earlier, or for obtaining any order as might be considered desirable. 24. Let copies of this order be given to Mr. Binod Poddar, learned Addl. Advocate General and counsel for other parties. We hold Mr. Poddar responsible to communicate this order to Deputy Commissioner, Deoghar, within 24 hours for his information, dissemination from him to others concerned and for strict implementation and compliance in all respects. 25. Petition disposed of. No order as to costs.