The Principal District Judge, Chitradurga district, will oversee the administration and management of Jagadguru Murugarajendra (JM) Vidhyapeetha run by J.M. Bruhan Mutt till the appointment of a president as per the by-laws to manage the Vidhyapeeta in place of incarcerated seer-cum-president Shivamurthy Murugha Sharanaru, said the High Court of Karnataka.
However, the HC made it clear that on such appointment of the president for the Vidyapeeta, the role of Principal District Judge (PDJ) would come to an end without reference to court.
A Division Bench comprising Chief Justice Prasanna B. Varale and Justice M.G.S. Kamal passed the order while disposing of appeals on the single judge’s May 22, 2023 order of quashing State government’s December 13, 2022, notification appointing a retired IAS officer as the administrator for both the mutt and its Vidyapeeta. The administrator was appointed following the arrest of the seer, Shivamurthy Murugha Sharanaru, on the charges of sexual assault on some minor girls of the institutions
The Bench in July had appointed the PDJ as the administrator in place of retired IAS officer, who was allowed to continue as administrator by the single judge till the devotees of the mutt devised a plan for administration of the mutt and the Vidhyapeeta.
Meanwhile, the Bench noted that the devotees of the mutt, based on the single’ judge order, had on May 28 formed an overseeing committee to govern the mutt and the Vidhyapeeta under the directorship of Basava Prabhu Swami, who is the in-charge seer of the mutt nominated by the jailed leader.
The Bench, however, noticed that the overseeing committee though can manage the Vidyapeeta and its institutions, it cannot take any decision as Vidhyapeeta’s by-laws, framed under the Karnataka Societies Registration Act, 1960, empower only the president to take decision. The post of president is non-functional as Shivamurthy Murugha Sharanaru has been under judicial custody for a year now.
“There seems to be no change in the position with regard to the presidentship; change in the post of president or appointment of a president has to be in terms of the bylaws, the rules and regulations of the Vidhyapeeta. It is for this sole reason and under unfortunate peculiar situation, also in the interest of vast number of institutions, students and staff, and public at large, we deem it appropriate to include an additional member be included with the power to take decisions which were required to be taken by the president,” the Bench observed while continuing PDJ for overseeing the administration of the Vidhyapeeta.
However, it did not go into the legality of December 13, 2022, notification as the government, subsequent to the order of single judge, had withdrawn the notification.
On the other hand, the bench distinguished the manner of administration of Vidyapeeta from that of the mutt on noticing that the Vidyapeeta was registered under the KSR Act unlike the mutt, which is excluded by law from the interference of the government under the Karnataka Hindu Religious Institutions and Charitable Endowments Act.
The provisions of KSR Act can be invoked if and when the situation warrants for the purpose of management, functions, and administration of the Vidhyapeeta, the Bench said.
