Bombay High Court: The present application was filed by Shri Saibaba Sansthan Trust Shirdi seeking permission of this Court to implement Resolution No. 277 dated 12-04-2023 of its ad hoc committee constituted pursuant to the interim arrangement devised for managing the affairs of the trust, till the State Government constituted Shree Sai Baba Sansthan Management Committee in accordance with the provision of Section 5 of the Shree Sai Baba Sansthan Trust (Shirdi) Act, 2004. The Division Bench of Mangesh S. Patil* and Shailesh P. Brahme, JJ., granted permission to the trust for resuming offering of flowers/garlands as resolved by Resolution No. 277, and directed the ad hoc committee to take appropriate decision regarding the way it decided to dispose of the waste that would be generated by virtue of offering of the flowers/garlands.
Background
Counsel for applicant submitted that the ad hoc committee in its meeting dated 12-04-2023 by way of Resolution No. 277 decided to evolve the modalities for resuming offering of flowers to the deity. It was submitted that the decision was not taken abruptly or arbitrarily but after considering the report submitted by a committee headed by the District Collector which was constituted for considering all the pros and cons of resumption of the practice which was stopped because of enormous complaints by various stakeholders including the devotees who were being extorted for buying the flowers at an exorbitant rate.
The practice of offering flowers was stopped during the pandemic and there was agitation for resuming the practice and after due deliberation and objective scrutiny from different angles, the modalities were worked out in the form of detail suggestion of the committee headed by the District Collector and its implementation was thus being sought by passing Resolution No. 277.
It was further submitted that it was decided that the flowers would be purchased by a credit co-operative society run by the employees of the Sansthan, directly from the farmers, which would be sold in temple’s premises at a reasonable rate. It was stated that the offering had not been resumed till date and considering the welfare of the farmers who undertake production of flowers, and the religious beliefs of the devotees, permission might be granted to implement Resolution No. 277.
Analysis, Law, and Decision
The Court stated that it had limited role in monitoring the working of the ad hoc committee and it was the ad hoc committee which was to take the decision for managing the affairs of the trust and if it resulted in undertaking any major financial decision then a permission of this Court was required as this could not run the management under the guise of granting permission to the decisions taken by the ad hoc committee.
The Court opined that if used flowers and garlands were to be E-auctioned or disposed of by E-tender then how could there be a stipulation superadded precisely for their use in manufacture of agarbatties. Similarly, how the intention or desire of the trust expecting the District Magistrate and Municipal Council and police to coordinate selling of the flowers by unauthorized vendors, middleman, and agent would work and as to how they would abate the criminal activities taking place once offering of flowers was resumed.
The Court stated that the ad hoc committee seemed to be quite alive to the potential criminal elements entering the field once the practice of offering flowers/garlands resumed.
The Court noted that the committee under the chairmanship of the District Collector for controlling the affairs of the flower vendors around Shree Sai Baba Sansthan Temple, clearly demonstrated that the Minister of Revenue, Animal Husbandry and Dairy Development had taken the initiative in constituting the Committee in a meeting held with the citizens of Shirdi and the Administrative Officer on 27-08-2022 and with his approval, the Committee resolved and concluded that it was in the interest of the farmers who were growing flowers over 384 hectares, the labourers, and the businessman, were dependent on and were affected by stoppage of the practice of offering flowers.
The Court noted that the auctions of flowers did not take place in any of the market committees in the vicinity of Shirdi namely, Kopargaon, Rahata and Shrirampur and the market committee at Rahata could start auctioning of flowers within its premises. The Court further stated that the flowers could be made available by the farmers directly through the Credit Co-operative Society of the Employees of the trust and could be made available to the devotees at a reasonable rate within the premises of the devasthan trust by displaying the rate card in and around the premises of the temple and it would be the responsibility of the Municipal Council and the police to ensure that no unauthorized flower vendors operate and there would be no middleman.
The Court stated that the resolution merely sought to resume the practice that the flowers would be purchased by the credit co-operative society of the employees of trust and would be made available to the devotees at a reasonable rate within the premises of the temple. The Court noted that in the resolution nothing was mentioned about the way the flowers and garlands that would be offered to the deity would be disposed of.
The Court granted permission to the trust to resume offering of flowers/garlands as resolved by Resolution No. 277, and directed the ad hoc committee to take appropriate decision at the earliest regarding the way it decided to dispose of the waste to be generated by virtue of offering of the flowers/garlands.
[Shri Saibaba Sansthan Shirdi v. State of Maharashtra, 2024 SCC OnLine Bom 3572, decided on 14-11-2024]
*Judgment authored by: Justice Mangesh S. Patil
Advocates who appeared in this case :
For the Applicant: Anil S. Bajaj, Amol Sawant, Advocates; V.D. Hon, Senior Advocate i/b. Ashwin Hon; P.S. Talekar i/b. Talekar and Associates
For the Respondents: A.B. Girase, GP
