The Madras High Court Saturday refused to stay the appointment of a new pontiff to the Srirangam mutt saying secular courts should refrain from interfering in religious practices.
A division bench comprising justices V Parthiban and Krishnan Ramasamy made the observation over the appointment of Yamunachariyar as the 12th pontiff of Srirangam Srimath Andavan Ashramam.
Claiming the appointment was made in violation of the will executed by late 11th pontiff Srimath Srimushnam Andavan and the general customs of the mutt, S Venkata Varadhan, a follower of the mutt wanted the court to stay the 'ashrama sweekaram and pattabhisheka utsavam' of Yamunachariyar scheduled Saturday and Sunday at Srirangam Periya Ashramam.
Wondering how such relief could be sought through a public interest litigation (PIL), the special bench, constituted to hear the plea, said there were lakhs of devotees waiting for the ceremony, so it cannot be stalled at the instance of one follower.
The bench further said the will executed by the 11th pontiff could be challenged only in a civil court and not before the high court.
Moreover, the mutt and its activities cater to only a particular community. Therefore, such issues can be construed as private and not public, the bench said and posted the plea after two weeks.
During the hearing, counsel for the petitioner contended the mutt being a public religious entity, issues pertaining to the institution can be challenged through PILs.
"We are not challenging the will or the qualification of the person to be appointed as the pontiff. We are only aggrieved that the terms of the will and the customs of the mutt are not followed in the appointment," the counsel said.
The pontiff is the custodian of the funds and properties donated by the followers, therefore the functions of the mutt would have public interest, the counsel added.
Opposing this, advocate V Raghavachari submitted that prima facie the plea is not maintainable as a PIL.
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