HC Says Non-Tribals Not Barred From Temple Management Bodies

Hyderabad:The Telangana High Court has held that tribal welfare laws applicable to Scheduled Areas do not govern the internal administration of religious endowments, ruling that temple management is regulated by the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987.

Justice Surepalli Nanda dismissed a writ petition filed by the PESA grama sabha of Mallur village in Mulugu district, which challenged a November 14, 2024 notification issued by the endowments department for constituting a renovation committee for the Sri Hemachala Lakshmi Narasimha Swamy Temple at Malluru in Mangapet mandal.

The petitioner contended that as the temple is located in a Scheduled Area, only members of Scheduled Tribes should be eligible for appointment to the committee. It argued that the notification violated Constitutional provisions under Article 244(1), the Fifth Schedule, the Panchayats (Extension to Scheduled Areas) Rules, 2011, and the Telangana Scheduled Areas Land Transfer Regulation, 1959. It also alleged that a grama sabha resolution restricting appointments of chairman and members to local tribal members was ignored.

The endowments department opposed the plea, stating that the matter pertained to temple administration and not tribal land rights. It submitted that the temple is a notified public religious institution governed under the Endowments Act and supervised by the regional joint commissioner.

Authorities argued that the PESA Rules and land transfer regulations do not apply to temple administration, particularly in the absence of any transfer of tribal land. They also maintained that the grama sabha has no statutory role in appointments to temple committees and that trusteeship is a voluntary position without remuneration.

Accepting the submissions, the court held that the Endowments Act exclusively governs temple administration and does not bar non-tribals from serving on management bodies. It found that the notification was issued in accordance with law and dismissed the petition.

The court further clarified that the PESA framework, which are intended to strengthen local self-governance in Scheduled Areas, does not extend to religious institutions governed by separate statutes and that the land transfer regulation applies only to transfer of land, not to the constitution of temple committees.