CJ refuses to grant interim stay to single judge order in archaka case
Further, the AG said that out of 3,100 archaka posts 2,400 posts are still vacant.
Madras High Court (File)
CHENNAI: The Chief Justice of the Madras High Court refused to grant an interim stay to the single judge's order stating that the pedigree based on caste will have no role to play in the appointment of archaka in agamic temples.
A petitioner Muthu Subramania Gurukkal moved the Madras High Court (MHC) challenging the order issued by the single judge of the court.
The appeal petition was listed before the first division comprising Chief Justice SV Gangapurwala and Justice P D Audikesavalu. The Senior counsel Valliappan appeared for the appellant contended that one not having the one-year requisite certificate cannot be appointed as archaka of an agamic temple. Any temple is governed by the agamic rules, it cannot be challenged with the government rules and said that the impugned order issued to appoint the archaka is an agamic temple, he argued.
Justice P D Audikesavalu intervened and questioned that the committee constituted to find the agamic temples in the State has not submitted its report then how can the senior counsel claim the temple as an agamic temple?
Advocate General (AG) R Shunmugasundaram appeared for the State, said that this same counsel has filed a petition and obtained a stay against the committee which was constituted to list out the agamic temples. Further, the AG said that out of 3,100 archaka posts 2,400 posts are still vacant.
The counsel for the appellant contended that a priest should be appointed from the denomination or hereditary rights and requested to grant an interim stay to the single judge order.
After the submission, the Chief Justice refused to grant an interim stay and posted the matter to September 22, 2023.
The appellant Muthu Subramania Gurukkal moved the MHC seeking to quash the notification calling for applications to fill up the position of archakas/sthanikam at Sri Sugavaneswarar Swamy temple, Salem. Justice N Anand Venkatesh, who heard the case, directed the executive officer of the Sri Sugavaneswarar Swamy temple to issue an advertisement in line with the observations made by the court and the archakas/sthanikam shall be appointed. The Justice further observed that the pedigree based on caste will have no role to play in the appointment of archaka if the person is well-versed, properly trained, and qualified to perform the poojas as per agama.
