The Supreme Court refuses to stay the Madras High Court order, ruling that temple and devotee funds cannot be used for constructing marriage halls in Tamil Nadu.
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NEW DELHI: In a crucial judgment, the Supreme Court on Tuesday declined to stay the Madras High Court order that quashed the Tamil Nadu government’s plan to construct marriage halls using temple funds. The bench, comprising Justices Vikram Nath and Sandeep Mehta, emphasized that offerings made by devotees are intended for religious purposes, not commercial activities.
ALSO READ: Madras High Court: “Temple Funds Belong To Deity, Can’t Be Used For Govt Projects”
Background of the Case
The controversy began when the Tamil Nadu government announced, during the budget speech of the Hindu Religious and Charitable Endowments (HR&CE) Department Minister, that it would build marriage halls in 27 temples using approximately ₹80 crore from temple funds. The government argued that Hindu marriages are religious activities and that providing marriage halls within temple premises would assist devotees by reducing the cost of ceremonies.
Petitioners challenged this move, claiming that the state had no authority under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, to use temple funds for such commercial purposes. They pointed to Sections 35, 36, and 66 of the Act, which regulate temple finances and emphasize that devotees’ contributions should be used strictly for religious and charitable objectives.
High Court Ruling
The Madurai bench of the Madras High Court, on August 19, held that the Tamil Nadu government could not use temple funds for building marriage halls. The Court noted that these funds are not public money and are meant to preserve and improve the religious institution itself. The ruling emphasized:
“Devotees do not offer their money to the temple for the purpose of setting up these marriage halls. It may be for the improvement of temple.”
The high court also expressed concerns about potential misuse of temple premises, highlighting scenarios such as marriage parties playing vulgar songs within sacred spaces, which clearly contradict the purpose of a temple.
Supreme Court Observations
Hearing pleas challenging the Madras High Court order, the Supreme Court refused to stay the ruling, signaling support for the principle that temple funds should not be diverted for commercial activities. The bench remarked that devotees’ contributions could be better used for charitable initiatives such as funding education or medical institutions.
The Court, however, has agreed to hear the matter further and has posted it for arguments on November 19. Until then, the government’s plan to construct marriage halls within temples cannot proceed.
Senior advocate Mukul Rohatgi, along with other lawyers, appeared for the petitioners before the Supreme Court, stressing that temple funds are sacred and must be used strictly for religious or charitable purposes.
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