Subramanian Swamy moves Bombay HC to free temple in Maharashtra from govt.’s control

The PIL sought a direction from court to constitute a committee in consultation with stakeholders, for the appropriate management of the Vitthal-Rukimini temple

Senior Bharatiya Janata Party leader Dr. Subramanian Swamy moved the Bombay High Court to free Vitthal-Rukimini temple of Pandharpur in Maharashtra from the State government’s control.

The six-term member of parliament, Dr. Swamy filed the public interest litigation (PIL) that reads, “By taking control over the Pandharpur Temples the government is ousting the rights of Hindus to profess, practice, and propagate their religion, and to manage Hindu Religious Endowments and their own affairs in matters of religion. It is also stated that even though the Pandharpur Temples Act was passed in 1973, the administration was vested with the previous priest and only after 2014, the government had taken over the administration of the temple.”

The PIL contends, “The Act negates freedom or autonomy in the religious communities to administer or manage the temple because the role of the priest is completely a religious matter, and such interference is violative of Articles 25 (freedom of conscience and free profession, practice and propagation of religion), 26 (freedom to manage religious affairs subject to public order, morality and health, every religious denomination or any section shall have the right) of the Constitution of India.”

The PIL has challenged the constitutional validity of the Act and states, “The Act is violative of Hindu population at large, since it seeks to permanently takeover the administration and control of religious and non-religious activities of the Temples and vest the same in the officers of the government indefinitely, thus violating the rights guaranteed under Articles 14 (equality before the law), 25 and 26 of the Indian Constitution. Hence, the Act is liable to be struck down”.

The PIL sought a direction from court to constitute a committee in consultation with the priests, representatives of devotees/warkaris, and other stakeholders, for the appropriate management of the Vitthal- Rukimini temples, as per proper rituals and religious observances, free of Government control.

On July 7, 2022, Dr. Swamy had written to the Chief Minister of Maharashtra stating that the affairs of the temples were heavily mismanaged in terms of religious offerings and customs of the temples which has an adverse effect on Hindu religious sentiments and their fundamental rights.

On December 18, 2022, he had called the Governor of Maharashtra to repeal the Pandharpur Temples Act 1973.