Persons of criminal background inducted as members of Ad hoc committee under Chairman, Bihar State Board of Religious Trust, Petitioner asked to to approach District Judge for relief

Ram Janki Siya Bihari Kunj Thakurbari, Patna Vs. Bihar State Board of Religious Trusts (2024), Justice Rajesh Kumar Verma of Patna High Court directed the petitioner to avail the remedy prescribed under Section 32(3) Bihar Hindu Religious Trust Act, 1950. If he files an application before the District Judge, then the District Judge shall pass an appropriate order after considering all the aspects in accordance with law. If any injunction application is filed by the petitioner, then it shall be decided in accordance with law expeditiously. The judgement was passed on June 19, 2024.

The present writ petition was filed for the issuance of an appropriate direction to the respondents for quashing Memo No. 2081 dated September 5, 2023 whereby Chairman, Bihar State Board of Religious Trust constituted an Ad hoc committee in exercise of power given under Section 32 of Bihar State Board of Religious Trusts Act and selected 11 persons in the committee to look after affairs of Shri Ram Janki Siya Bihari Kunj Thakurbari in complete violation of Guru-Shishya Parampara under which the Thakurbari is run by Mahanh. It sought issuance of a appropriate direction to 14 respondents to annul the constitution of Ad hoc committee vide Notification dated September 3, 2023 wherein even persons having criminal background have been inducted as members in the Ad hoc committee which is in violation of statutory provisions of Bihar State Board of Religious Trust Act, and for which the petitioner mahanth has filed written complaint before authorities on January 10, 2023 where after complaint was filed with regard to mismanagement of Thakurbari. It also sought issuance of direction to the Chairman to not interfere in the functioning of Shri Ram Janki Siya Bihari Kunj Thakurbari which is run by Mahanth on the basis of Guru-Shishya Parampra and it does not require any interference by the Board.

The counsel for the petitioner submitted that the committee was constituted by the Board without considering the application of the petitioner which suggests that the some of the members of the present committee have criminal background and without considering the same the Board constituted an ad hoc committee. 

The counsel appearing on behalf of the Bihar State Board of Religious Trust submitted that the Board had constituted the ad hoc committee in accordance with law after considering all the aspects including the application of the petitioner. He also submitted that the petitioner is also a part and parcel of the committee. Apart from that, if the petitioner has any grievance against the committee then he may approach under Section 32(3) of the Bihar Hindu Religious Trust Act, 1950 before the District Judge.