Can temple funds be given to non-statutory trust?

The Supreme Court on Thursday refused to grant stay on an Andhra Pradesh high court order which set aside a government order passed during the Telugu Desam Party regime in Octoebr 2015, making it mandatory for compulsory allocation of 2 per cent of the “common good fund” of the temples for the Hindu dharmic activities by Hindu Dharma Parirakshana Trust. 

However, the Supreme Court agreed to consider whether compulsory allocation of 2% the “Common Good Fund” for the Hindu Dharmik Parirakshana Trust is contrary to Section 70 of the Andhra Pradesh Charitable & Hindu Religious Institutions & Endowment Act, 1987, or not.

The high court had earlier held that since Hindu Dharmik Parirakshana Trust was not established under any statutory provision, the diversion of 2% common good fund to the trust was illegal and had set aside the Government Order.

This was challenged by the Hindu Dharmika Parirakshana Trust in the Supreme Court. The division of the Supreme Court comprising Justices Indira Banerjee and J K Maheshwari issued notice to the state government in this regard.

It granted permission to Hindu Dharmika Parirakshana Trust, Vijayawada to file the SLP against the order of the high court, but refused to stay the same at present stage. 

The petitioner has also sought directions against the Commissioner of Endowments State of Andhra Pradesh and O Naresh Kumar, Director of AP Chambers of Commerce and Industry.

Common good fund has been formed decades ago with the contribution from big temples so that the money could be used to ensure dhoopa-deepa-naivedyam (temple rituals) in the neglected temples and restoration of dilapidated temples, but not for promotion of the religion.

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