‘How Many Temple Managements Across India Taken Over By Law?’ Supreme Court Asks In Plea Against UP Banke Bihari Temple Trust Ordinance
While hearing a plea challenging constitutionality of the Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance, 2025, the Supreme Court today asked the management committee of the Mathura Temple to find out how many temple managements have been taken over pan-India through legislations.
A bench of Justice Surya Kant and Joymalya Bagchi re-listed the matter, after hearing Senior Advocate Kapil Sibal (for the temple management committee), who submitted that a case involving issues relating to the Banke Bihari Temple is listed tomorrow before another bench. The bench expressed that orders would be required from CJI BR Gavai for listing of both cases before one and the same bench.
To recap, the 2025 UP Ordinance is stated to vest the temple administration with a statutory trust. According to it, the management of the temple and the responsibility of facilities for the devotees shall be handled by the ‘Shri Banke Bihari Ji Mandir Nyas’. While 11 trustees shall be nominated, a maximum of 7 members can be ex-officio. All government and non-government members shall be followers of Sanatan Dharma.
At the outset of today’s hearing, Justice Kant questioned Sibal as to why the petitioners cannot approach the Allahabad High Court. Responding to the query, Sibal gave a brief background of the dispute and submitted that the state is taking over the management of a private temple. He further highlighted that the Supreme Court has passed an order in a related matter allowing the state to takeover Rs.300 crores temple funds for a redevelopment project.
In this related case, temple devotee-Devendra Goswami has filed an application seeking recall of the Court’s May 15 judgment, which permitted the UP Govt to use temple funds for the Corridor redevelopment, on the ground that the judgment has been passed without hearing the temple management.
Hearing Sibal, Justice Kant said, “How many hundreds of temples have been taken over by the government, by the state? Whatever donation […] is getting…better you visit there and find…two families are fighting, first suit was of 1938…development of an area where lakhs of pilgrims are going”.
When the senior counsel said that there is already an Administrator, the judge remarked, “That’s an ad-hoc arrangement. Please find out on pan-India basis how many temple managements have been taken over through legislation and entrusted to a board…first one is Tamil Nadu…”.
Sibal however pointed out that previous takeovers related to public temples, while Banke Bihari Temple is a private temple. As the bench re-listed the matter after 2-3 days, considering pendency of similar issues before two different benches, Sibal submitted that he would mention the matter before CJI BR Gavai for appropriate listing.
Through the present petition, the petitioner-management committee (comprising approx. 350 members) and temple sewayat-Rajat Goswami contend that UP government’s Ordinance is “malafide”, unconstitutional and ultra vires of Articles 14, 25, 26, 213, and 300A of the Constitution. It is asserted that the Ordinance unlawfully pre-empts and frustrates the outcome of the PIL pending before the High Court, concerning administration of the Temple.
Further, the petition highlights that the issue concerning usage of temple funds to acquire 5 acres of land was decided by the High Court in 2023, against which no special leave petition was filed by the state. Rather, the state intervened in a private litigation concerning elections in the Giriraj Seva Samiti.
To argue that the Ordinance is premature, reference is made to a case already pending before the High Court wherein the Ordinance is challenged. The next date in the said case is July 30.
Background
The dispute related to the Banke Bihari Temple traces back to longstanding internal differences between the two sects of sewayats of the revered Banke Bihari Temple in Vrindavan. With around 360 sewayats, the temple has historically been managed privately by descendants and followers of Swami Haridas Ji.
In November, 2023, the Allahabad High Court gave a nod to the development of a Corridor proposed by the Uttar Pradesh Government. The Court, however, restrained the Government from using Rs. 262.5 crores from the bank account of the deity for the construction of the corridor.
In March 2025, the Court appointed Advocate Sanjay Goswami as Amicus Curiae to assist in resolving management-related complexities. Meanwhile, the State promulgated the 2025 Ordinance, proposing to create a statutory trust with several State officials as ex-officio trustees.
On May 15, the Supreme Court modified the High Court’s 2023 order and permitted the Uttar Pradesh Government to use funds for acquiring 5 acres of land around the temple for corridor development, on the condition that the acquired land shall be registered in the name of the deity.
Against this judgment, a recall application was filed by a temple devotee named Devendra Nath Goswami, which is pending. During a hearing of this application, the top Court questioned the State of Uttar Pradesh as to how it could intervene in a private dispute related to the Bankey Bihari temple and “hijack” a litigation between private persons.
On July 21, the High Court was told by the Amicus that the state government lacked competence to issue the Ordinance, as the Banke Bihari temple is a private temple and its religious practice is being carried out by the heirs of Swami Hari Das Ji. By issuing the Ordinance, the Government was trying to take control over the temple through ‘back doors’, he said.
The petition was filed through Advocate Tanvi Dubey.
Appearance: Senior Advocates Kapil Sibal, Nikhil Goel and Amit Anand Tiwari.
Case Title: MANAGEMENT COMMITTEE OF THAKUR SHREE BANKEY BIHARI JI MAHARAJ TEMPLE AND ANR. Versus STATE OF UTTAR PRADESH AND ORS., W.P.(C) No. 704/2025