SC to keep UP’s Bankey Bihari temple trust ordinance in abeyance

New Delhi, Aug 8 (UNI) The Supreme Court today indicated that it will suspend the functioning of the statutory committee constituted under the Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance, 2025, which vests the management of the historic Bankey Bihari temple in Vrindavan, Mathura, with a government-backed trust.

A Bench comprising Justice Surya Kant and Justice Joymalya Bagchi said it will relegate the petitioners to the Allahabad High Court to challenge the constitutional validity of the Ordinance, and until the High Court decides the matter, the committee under the Ordinance will remain inoperative.

To ensure the temple’s smooth administration in the interim, the Court announced its intention to constitute a separate committee headed by a former High Court judge, comprising government officials and representatives of the Goswamis — the traditional caretakers of the temple.

“We will authorize the Chairman of the Committee to have some Goswamis also… the Committee will see to developmental activities in the area,” Justice Surya Kant told the petitioners.

The Bench also stated it will recall portions of a May 15 judgment by a coordinate bench which had allowed the Uttar Pradesh government to utilise temple funds for a redevelopment project.

In a related direction, the Court stayed proceedings in a writ petition pending before a single judge of the Allahabad High Court challenging the Ordinance, and requested the High Court Chief Justice to assign the matter to a Division Bench, as constitutional validity issues are generally heard by larger benches.

Senior Advocates Shyam Divan, Kapil Sibal, Gopal Sankaranarayanan, and others appeared for the petitioners, while Additional Solicitor General K.M. Nataraj represented the State of Uttar Pradesh.

The dispute stems from long-standing differences between two sects of sewayats managing the revered Bankey Bihari Temple, historically overseen by descendants and followers of Swami Haridas Ji. In May, the Supreme Court modified a 2023 Allahabad High Court order to allow the state government to use temple funds to acquire five acres of land for a corridor project, provided the land was registered in the deity’s name.

Subsequently, the State promulgated the 2025 Ordinance creating the Shri Bankey Bihari Ji Mandir Nyas, a statutory trust with 11 trustees, of whom up to seven can be ex-officio members. The move faced criticism, with petitioners alleging it undermined traditional management and was pushed through in undue haste.

The Court is expected to upload its detailed order by tomorrow.

 

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