In the matter of Swami Vishwanand v Union Of India, an appeal was filed before the Apex Court sought permission from the court to allow the applicant to perform morning and evening rituals in the temple. The Supreme court passed the order in his favour.
Brief Facts of the Case
Swami Vishwanand (Sanyasi) filed the interlocutory applications sought to permit him to perform morning and evening rituals in the Kaleshwar Kalinath Mahadev Temple with the assistance of Sevarthis. He also approached the HC of Himachal Pradesh in a writ petition to sought maintenance/renovation of said temple. The Court allowed his petition.
Arguments before the Court
The counsel on the behalf of applicant prayed that to allow Swami Vishwanand to perform morning and evening rituals in the temple with the assistance of Sevarthis (Sanyasis and Vidyarthies of Kaleshwar Akhara and Vedic School) following the past practice. He also sought to use allowances from the donation of the temple to meet the expense of the temple as well as the livelihood of the priests in the temple premises.
The counsel on the behalf of respondent contended that the applicant cannot be permitted to perform pooja as per the notification under the Himachal Pradesh Hindu Public Religious Institutions and Charitable Endowments Act, 1984 with respect of the abovementioned temple. It was also contended that the applicant is a Mohatmim and not a Mahant.
Observation of the court
The Court observed that the appointment of Mohatmim of the Kaleshwar Kalinath Mahadev Temple is hereditary. In a disposed of SLP, Swami Vishwanand was allowed to perform pooja as Mahant, until further orders, as per past practice, which is reported to be continuing from around 150 years.
The Court allowed the prayers made by Swami Vishwanand i.e, to perform rituals in the temple and to use allowances from the donation of the temple to meet out the personal expenses and expenses of the temple.
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