The Allahabad High Court deferred the Bankey Bihari temple case to August 26 after being told the Trust Ordinance is under challenge in the Supreme Court. In the Gyanvapi ASI survey matter, hearing is on September 23.
The Allahabad High Court postponed the hearing in the Bankey Bihari temple case until August 26.
During the proceedings before Justice Rohit Ranjan Agarwal, the state counsel informed the court that the validity of The Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance, 2025 is currently being challenged in the Supreme Court.
In a separate matter concerning an ASI survey of the wazukhana (ablution pond) area excluding the Shiva Linga inside the Gyanvapi mosque in Varanasi the high court has scheduled the next hearing for September 23.
Although the hearing on the Bankey Bihari Mandir case adjourned, Justice Agarwal suggested to Additional Advocate General of Uttar Pradesh, Manish Goel, that it would be advisable to amend the ordinance regarding the inclusion of bureaucrats in the proposed trust responsible for overseeing the Mathura temple.
The court expressed concern that the government’s attempt to exert control over the temple through the ordinance violates Article 25 of the Constitution.
Amicus curiae Sanjay Goswami, On July 21, raised a significant issue regarding the state’s authority to issue the ordinance.
He stated,
“The temple in question is a private temple and the religious practice is being carried out by the heirs of late Swami Hari Das Ji. By the issuance of the ordinance, the government is trying to take control over the temple through back doors.”
He further argued,
“Section 5 of the Ordinance provides for appointment constitution and terms of the board and trustees. Section 5 (1)(ii) provides that there would be two kinds of trustees of the board, namely, nominated trustees and ex-officio trustees.”
Goswami criticized the inclusion of seven ex-officio trustees comprising the District Magistrate, Senior Superintendent of Police, Municipal Commissioner, Chief Executive Officer of the Uttar Pradesh Braj Teerth Vikash Parishad, an officer from the Dharmarth Karya Vibhag, and the CEO of the Shri Bankey Bihari Ji Temple Trust.
He contended that there is no necessity for the state to appoint ex-officio trustees, as this represents a back-door entry by the state government into a private temple managed by the Goswamis.
According to him, this move encroaches upon the rights of Hindus by allowing the state government to assume control over a temple that is managed by the followers and successors of Swami Hari Das Ji.
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The Banke Bihari Temple in Vrindavan, Uttar Pradesh, is one of the most prominent and spiritually significant temples in India, drawing lakhs of devotees every week.
However, over time, concerns have been raised regarding the temple’s administration and management, leading to legal proceedings.
Case Title: MANAGEMENT COMMITTEE OF THAKUR SHREE BANKEY BIHARI JI MAHARAJ TEMPLE AND ANR. V STATE OF UTTAR PRADESH AND ORS. W.P.(C) No. 704/2025
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