UP says Banke Bihari Temple ordinance for better administration

On August 4, the top court said it would keep in abeyance its May 15 nod to the ambitious scheme to develop the Shri Banke Bihari Temple Corridor in Mathura for the benefit of devotees

The Uttar Pradesh government informed the Supreme Court on Tuesday that its objective for enacting an ordinance for Banke Bihari Temple trust was aimed at better administration of the religious place at Vrindavan in Mathura.

On August 4, the top court said it would keep in abeyance its May 15 nod to the ambitious scheme to develop the Shri Banke Bihari Temple Corridor at Vrindavan in Mathura for the benefit of devotees as key stakeholders were not heard. 

 

Appearing before a bench of Justices Surya Kant and Joymalya Bagchi, Additional Solicitor General KM Nataraj said the 2025 ordinance had nothing to do with the pending litigation of ownership of the temple administration.

"Let me clarify at the outset that the ordinance has nothing to do with the pending writ petition. There was a PIL filed for better administration of the temple before the high court and directions were passed," Nataraj said. He said the ordinance was issued for better administration of the temple which witnesses about two-three lakh devotees every week.

The bench then told Nataraj that his arguments might be good, but could be made when the challenge to the ordinance is relegated to the high court.

Nataraj handed over the proposal of the state government to the bench, which upon examination was found to be the same as suggested by the court on August 4. 

 

Senior advocate Kapil Sibal, appearing for the petitioners, urged the bench to be allowed to give a proposal and suggestions on the issue of administration of temple by August 8.

The petitioners have challenged the validity of Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance, 2025, for reportedly taking over the management of the ancient temple and the recall of the top court's May 15 order.

On May 15, the top court allowed an impleadment application filed by the state while paving the way for a Uttar Pradesh government scheme to develop the corridor. 

 

It allowed the state's plea to utilise the funds of the Banke Bihari temple only for the purchase of a five-acre land around the temple to create a holding area.

The top court, however, said the land to be acquired for the purposes of development of the temple and the corridor should be in the name of the deity or the trust.

The bench posted the matter for August 8 while allowing the petitioners to give their suggestions on the issue. 

 

On August 4, the bench deprecated the approach of the state government in moving the court in "clandestine manner" and questioned the hurry for enacting an ordinance.

The top court has said that it would appoint an interim committee headed by a retired high court or district judge to manage the affairs of the temple in the interest of lakhs of devotees besides including the main stakeholders in the managing committee.

It asked Nataraj to seek instruction and submit a proposal for administration of the temple and clarified that the court was at present not adjudicating the constitutionality of the ordinance and the high court will look into it.

The plea before the bench, filed through advocate Tanvi Dubey, of the management committee of the Thakur Shree Banke Bihari Ji Maharaj Temple in Mathura, challenges the ordinance, which vested the control of the shrine's administration with the state.