High Court restrains Karnataka Government from taking decision under Shree Chamundeshwari Kshetra Development Authority Act
The Hindu
High Court of Karnataka restrains State Government from taking action under Shree Chamundeshwari Kshetra Development Authority Act without permission.
The High Court of Karnataka has restrained the State Government from taking any action or decision under Section 16 and 17 of the Shree Chamundeshwari Kshetra Development Authority Act, 2024, without the prior permission of the Court.
The Section 16 empowers the Chief Minister, who is the ex-officio chairperson of the authority under the new Act, to take decisions, without holding meeting of the authority but by mere circulation of the subject among the members. And Section 17 authorises the chairman to pass orders in urgent cases without holding a meeting or circulating subject matter amongst the members but take post-facto approval by placing such orders before the meeting of the authority subsequently.
Justice Hemant Chandangoudar passed the interim Order on October 15 on the petition filed by Pramoda Devi Wadiyar of erstwhile royal family of Mysore, who has challenged the constitutional validity of the Act.
Meanwhile, the Court continued its earlier interim Order of not to alienate any immovable and movable property belonging to Chamundeshwari temple.
Also, the Court recorded the undertaking given on behalf of the State that “the prevailing customs and traditions of the temple will not be modified or interfered with during the pendency of the petition.”
However, the Court clarified that the pendency of the petition will not preclude the Government from framing appropriate Rules under the Act, 2024.
Additionally, the Court said that the Authority constituted under the Act, 2024 is directed to serve notice of any meetings to the petitioner. In the event that the petitioner, despite being duly served with notice, chooses not to attend or participate in the proceedings, the Authority is at liberty to take decisions in accordance with the provisions of the Act, 2024.
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