The Telangana High Court has delivered a significant ruling, stating that tribal welfare laws do not govern the administration of religious endowments located within the Scheduled Areas. The verdict came in response to a petition challenging a November 2024 notification issued by the endowments department, which invited applications from the general public to constitute a renovation committee for Sri Hemachala Lakshmi Narasimha Swamy Temple in Mulugu district.
Court's Observations
Justice Surepalli Nanda, delivering the verdict, observed that the management of the temple was regulated by the Telangana Charitable and Hindu Religious Institutions and Endowments Act of 1987. The judge noted that this Act does not preclude non-tribals from serving on temple bodies. The court further held that the state followed the correct legal procedure in issuing the notification, and the petitioner’s arguments were untenable.
Petitioner's Claims
The petitioner, identified as the PESA grama sabha, argued that since the temple is situated in a notified Scheduled Area, the renovation committee should consist exclusively of local Scheduled Tribes. They contended that inviting applications from non-tribals violates Article 244(1), the Fifth Schedule of the Constitution, the Panchayats (Extension to Scheduled Areas) Act (PESA) Rules of 2011, and the Telangana Scheduled Areas Land Transfer Regulation of 1959. The petitioner stated, “Even the authorities ignored their official resolution and subsequent representation to stall the selection process, mechanically disregarding tribal protections and undermined the landmark Samata judgment.”
State and Temple Authorities' Response
Countering these claims, the state and temple respondents argued that the land transfer regulation applies strictly to the transfer of title and possession of lands, which was irrelevant to the dispute, as no land transfer was taking place. They stated, “The temple is a public religious institution, governed strictly by Section 146 of the Telangana Charitable and Hindu Religious Institutions and Endowments Act of 1987.” The authorities further maintained that the grama sabha lacks competence to dictate temple appointments, adding that the trusteeship was a purely service-oriented, non-remunerative post that carries no monetary or employment benefits, thereby ensuring that tribal interests were not defeated.
Court's Decision
Holding that the PESA rules have no bearing on religious endowments, the court vacated the previous interim stay and dismissed the writ petition. The court observed that the management of the temple was solely regulated by the Endowments Act of 1987, which does not preclude non-tribals from serving on temple bodies. Accordingly, the petition was dismissed.
