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Riju Prasad Sarma Etc. Etc. v. State of Assam & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 3276-3278 of 2013)Decided 7 Jul 2015
Civil Appeal Nos. 3276-3278 of 2013
Justice Shiva Kirti Singh · Justice F.M. Ibrahim Kalifulla

Background

The case concerns management and control of the famous Sri Sri Maa Kamakhya Temple in Assam, one of the 51 Shaktipeethas. A group calling itself the "Kamakhya Debutter Board," led by Riju Prasad Sarma, challenged the scope of Section 25A of the Assam State Acquisition of Lands Belonging to Religious or Charitable Institutions of Public Nature Act, 1959, and also contested the validity of an election of "Dolois" (head priests) held under customary practice. Several connected writ petitions and special leave petitions, all arising from the same Guwahati High Court judgment dated 25 October 2011, were heard together.

Decision Breakdown

The Supreme Court held that the earlier Division Bench ruling upholding the constitutionality of Section 25A was correct and that the statutory Managing Committee's powers under that provision were valid, while the customary rights of the Bordeuri Samaj and their elected Dolois to manage the temple's day-to-day religious affairs were preserved within that statutory framework. The Court found no merit in the various writ petitions, dismissed all the civil appeals, writ petitions, and special leave petitions, vacated earlier interim orders that had let the self-styled "Debutter Board" occupy temple premises, and directed that possession be restored to the Bordeuri Samaj through the last validly elected Dolois within four weeks. It also directed that, going forward, any disputes over Doloi elections or temple administration be referred to the District Judge, Kamrup, Guwahati, pending dedicated legislation.

Lesson Learnt

Courts will uphold a State's statutory oversight of religious/charitable endowments while still protecting genuine customary rights of a temple's traditional priestly community, and self-appointed bodies cannot override a validly elected traditional management structure merely by litigating persistently over decades.

Official source (sci.gov.in)View Judgment (PDF)

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