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Supreme Court Stays Andhra Pradesh HC Ruling on Temple Shop Auctions for Non-Hindu Vendors

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Supreme Court reaffirmed its 2020 stay on Andhra Pradesh’s GO 426, which barred non-Hindus from temple shop tenders, and warned against its violation. The court instructed that the rule must not be enforced until further orders.



NEW DELHI: Today, 20th Feb, The Supreme Court of India once again put a stay on a rule made by the Andhra Pradesh government that prevents non-Hindus from bidding for shops inside temple premises.

This rule was introduced under Government Order (GO) No. 426 in 2015 and was upheld by the Andhra Pradesh High Court in 2019. However, the Supreme Court had already put a stay on the High Court’s decision in 2020.

A two-judge bench consisting of Justice Abhay S. Oka and Justice Ujjal Bhuyan took up the case. The Andhra Pradesh government’s legal representatives told the court that the temple authorities had realized their mistake and withdrawn the tenders.

However, the petitioners’ lawyers argued that similar tenders had been issued multiple times and requested the court to give strict instructions to prevent such incidents from happening again.

Background

In 2015, the Andhra Pradesh government passed GO 426, which restricted non-Hindus from participating in tenders for managing shops inside temple areas covered under the Hindu Religious and Charitable Endowments Act. In 2019, the Andhra Pradesh High Court supported this government order, stating it was valid. However, some shopkeepers challenged this decision in the Supreme Court, which put a stay on the High Court’s ruling in February 2020.

Despite the Supreme Court’s stay, the Srisailam Devasthanam temple authorities went ahead and invited tenders under GO 426. This led some shopkeepers to approach the Supreme Court again, asking for intervention.

After hearing both sides, the Supreme Court emphasized that its earlier stay order from February 27, 2020, remains in effect.” The court also made it clear that GO 426 should not be implemented until further orders are issued.”

Case Title – T.M.D. Rafi v. State of Andhra Pradesh

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