SC stays operation of UP govt’s Banke Bihari temple ordinance, forms panel led by ex-HC judge

09/08/2025

NEW DELHI, Aug 9: The Supreme Court has stayed the operation of Uttar Pradesh government's Banke Bihari temple trust ordinance, which rests administrative control of the shrine with the state, till the high court decides its validity.
A bench of Justices Surya Kant and Joymalya Bagchi refused to entertain the challenges made to the Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance, 2025, and said the affected parties can approach the high court.
"At this stage, we are reminded of the fact that the petitioners' challenge to the Ordinance will doubtlessly take some time in proper adjudication. We, therefore, deem it fit to stay operation of the Ordinance's provisions in the interregnum, only to the extent they grant the state powers to constitute a Trust for managing the temple's affairs," the bench directed.
The top court said consequently, the constitution of the Shree Bankey Bihar Ji Temple Trust, as defined in Section 3 of the Ordinance and its composition, as contained in Section 5, shall be kept in abeyance till the question of validity of the Ordinance (or any Act in relation thereto subsequently passed by the state legislature), is finally resolved by the high court. The bench, however, clarified that its interim direction will not preclude the state from ratification of the Ordinance in the state assembly, but such an exercise will be subject to the outcome of the proceedings for which the affected persons and the petitioners have been relegated to the high court.
The top court in its detailed order uploaded on Saturday also constituted a 12-member high-powered committee headed by retired Allahabad High Court judge Ashok Kumar to look after the day-to-day affairs of the iconic temple.
It said, "We are equally mindful that the sum of our directions shall effectively leave the management of the subject temple in limbo yet again, since the ad-hoc arrangement of temple management has been wholly ineffective and inefficient in discharging its duties over the years.
"We are pained to observe that the previous administerial deadlock(s) and in-fighting have only worsened the problems plaguing the temple, causing much distress to the pilgrims – who are left without any amenities or redress."
The bench said the material on record indicates that despite the substantial donations received by the temple running into hundreds of crores, no tangible steps appear to have been taken by the successive managements for providing essential facilities to the scores of devotees visiting the temple, and the Goswami Shebaits remain divided into factions and continue to litigate before the civil courts, further contributing to administrative inaction.
"We are, therefore, satisfied that a high-powered managing committee headed by an impartial person with considerable experience and ability is required to be constituted to run the day-to-day affairs of the temple, apart from undertaking some of the initiatives, which we are illustratively mentioning in the latter part of this order.
"There is no gainsaying that the sanctity of safe religious pilgrimage shall never be unjustly denied to all the citizens of this country," the top court said.
It also lauded the state government for taking a "fair stand" over the constitution of the committee for the management of the affairs of the temple, and said the panel may deal with a variety of issues for the proper functioning of the temple, including the provision of essential amenities for the devotees.
The top court also modified its May 15 order, which gave the go-ahead to the state's scheme to develop the Shri Banke Bihari Temple Corridor at Vrindavan in Mathura, and allowed the government to use temple fund to acquire five acres of land for developing it as a holding area for the devotees.
"It seems to us that the order passed by a coordinate bench requires certain modifications/clarifications. That order purportedly directs for the redevelopment of the temple's vicinity through the employment of temple funds.
"However, we find that such directions suffer from a foundational procedural infirmity -- the principal affected parties, including the Shebait Goswamis, who have been administering the temple, were not heard prior to the passing of the said order," it said.
The bench further said to allow substantive directions on a matter of such significance to be issued in collateral proceedings, especially in absentia of the necessary stakeholders, may not be in conformity with procedural fairness and judicial best-practices.
"That apart, we note that the high court, vide its judgment dated November 8, 2023, had expressly declined the state's prayer to utilise temple funds for land acquisition as part of the proposed redevelopment plan.
"That judgment has attained finality, having never been assailed by the state in any appropriate appellate proceedings. In these circumstances, this court could not have, in exercise of its civil appellate jurisdiction, effectively set aside the high court's judgment without any formal appeal or challenge being placed before it," the top court said.
While directing for modification of the May 15 order, the bench ordered for restoring the legal position to status quo ante.

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