Banke Bihari temple’s management committee has challenged a UP government ordinance in the Supreme Court, calling it unconstitutional. The plea claims the move bypasses judicial proceedings and violates separation of powers.
New Delhi: Today, on July 27, the management committee of the famous Thakur Shree Banke Bihari Ji Maharaj Temple in Mathura has approached the Supreme Court challenging a recent ordinance by the Uttar Pradesh government.
This ordinance gives the state control over the temple’s administration, which the committee believes is unconstitutional and motivated by bad intentions.
Also Read: Jama Masjid Shamsi Built Over Neelkanth Temple: Court Scheduled To Hear On Jan 18
The plea, filed by advocate Tanvi Dubey on behalf of the temple’s management committee and “sewayat” Rajat Goswami, argues that the state’s move is “visibly mala fide.”
The committee has 350 members and strongly opposed the ordinance, pointing out that an earlier issue—about using the temple’s funds to buy five acres of land—was already decided by the Allahabad High Court on November 8, 2023, in their favour.
According to the petitioners, the High Court had clearly denied the state permission to use the temple’s funds for land acquisition.
Yet, instead of appealing that decision, the state government filed an impleadment application in a completely unrelated case already pending before the Supreme Court.
The plea highlights that,
“The said SLP was concerning a completely different issue concerning elections in Giriraj Seva Samiti which is totally a separate issue from Banke Bihari ji Maharaj temple. A direction was passed in order dated May 15, 2025 by the Supreme Court, inter alia, granting permission to the state of Uttar Pradesh to utilise temple funds to acquire five acres of land.”
Now, the temple management committee is challenging both the May 15 Supreme Court order and the newly issued ordinance.
They have submitted that the temple and sewayats were never made parties to the legal matter that resulted in the May 15 order, and thus they were not given a chance to present their side.
The matter is expected to be heard by a bench of Justices Surya Kant and Joymalya Bagchi on Monday.
In its plea, the committee has accused the state of trying to influence an ongoing case in the Allahabad High Court.
It says the ordinance
“unlawfully preempts and frustrates the outcome of a PIL pending before the Allahabad High Court concerning the administration of the Banke Bihari temple.”
The petition argues that the state’s action violates the doctrine of separation of powers, a basic principle of the Indian Constitution.
The committee alleges that the government is
“interfering with judicial independence, and misused the ordinance-making power under Article 213 of the Constitution.”
Further, the petition adds:
“The passing of an ordinance that directly touches upon the issues pending adjudication before the high court is sheer abuse of power and unconstitutional.”
It also accuses the Governor of misusing his powers by signing the ordinance even though the matter was already sub judice (under judicial consideration).
The petition states:
“Thus, the governor was exercising a colourable exercise of power enacting the ordinance under the pretext of an emergency when the matter was sub-judice and pending before the high court, thereby tainting the ordinance with a mala-fide intent. The nexus between the timing of the ordinance and the circumstances surrounding it points towards the mala fide nature of the order.”
Earlier, on May 15, 2025, the Supreme Court had passed an order allowing the Uttar Pradesh government to develop a temple corridor around Banke Bihari Temple.
The court had approved the plan to use temple funds for purchasing five acres of land to be developed into a holding area for the large number of devotees.
The Supreme Court also said that the land acquired must be in the name of the deity or the temple trust, ensuring religious and legal sanctity in its ownership.
This order had modified the November 8, 2023 decision of the Allahabad High Court, which had earlier stopped the state government from using temple funds for such land purchases.
The top court stated it was important to resolve the matter quickly since it involved the
“administration and safety of temples in the Braj region”,
which affects thousands of worshippers.
According to the state’s plan, the five-acre land would be used to construct parking spaces, accommodations for pilgrims, toilets, security posts, and other public facilities around the temple to manage the massive crowd that visits daily.
The Allahabad High Court had earlier observed that the project was important for “the safety of the pilgrims” and the general management of the temple space.
During the court hearings, the Uttar Pradesh government highlighted the difficult condition of the temple, saying it is only 1,200 square feet in size but receives nearly 50,000 devotees daily, with the number going up to 1.5 to 2 lakh on weekends and over 5 lakh during festivals.
The government reminded the court that the Uttar Pradesh Braj Planning and Development Board Act, 2015, was passed to look after the development and protection of Braj heritage, including this temple in Mathura.
Click Here to Read More Reports on Temple
