Banke Bihari Temple | Will Pass Order To Suspend Committee Under Ordinance Till HC Decides Its Validity : Supreme Court
The Supreme Court today stated that it will pass an order to suspend the operation of the Committee/Trust under the Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance, 2025, which has been vested with the management of the Bankey Bihari temple in Vrindavan, Mathura.
The Court indicated that it will pass an order relegating the petitioners to the High Court to challenge the constitutional validity of the Ordinance, and till the High Court decides the matter, the Committee will be kept in abeyance. To ensure the smooth administration of the temple in the meantime, the Court said that it will constitute another Committee, which will be headed by a former Judge of the High Court. The Committee will also have certain Government officers and the representatives of the Goswamis, who are the traditional caretakers of the temple.
The Court further stated that it will recall the directions in the judgment delivered in May by a coordinate bench which allowed the State Government to utilize the temple funds for a redevelopment project.
A bench of Justice Surya Kant and Joymalya Bagchi said that the order will be uploaded by tomorrow.
“We will grant you liberty to challenge the Ordinance before the High Court. The constitution of the Committee as per the Ordinance will be kept in abeyance so that the Ordinance is not given effect till the matter is decided by the High Court…in the interregnum, we will constitute a Committee headed by former judge of HC…We will infuse some officials in the Committee. Some of you also. We are broadly telling you. We will authorize the Chairman of the Committee to have some Goswamis also…the Committee will see to developmental activities in the area,” Justice Kant told the petitioners.
The bench also passed an order today for stay of the proceedings in a writ petition pending before a single bench of the Allahabad High Court (challenging the Ordinance) and requested the Chief Justice to assign the matter to a Division Bench, as matters relating to the constitutionality of statutes are generally heard by Division Benches. It further stayed a July order passed in the case before the High Court, where remarks questioning the state’s competence to promulgate the Ordinance were made.
Senior Advocates Shyam Divan, Kapil Sibal, Gopal Sankaranarayan and Amit Anand Tiwari appeared for the petitioners. Additional Solicitor General KM Nataraj appeared for State of UP.
It may be recalled that on August 4, the Court made some critical observationswhen it questioned the UP government’s “tearing hurry” in promulgating the Ordinance for taking over management of the Bankey Bihari temple in Vrindavan, Mathura. In the said hearing, the Court expressed disapproval of the “clandestine manner” in which the state government secured permission from it through the May 15 judgment for the use of temple funds, by filing an application in a civil dispute to which the temple management was not party.
On August 5, the Uttar Pradesh government urged that it did not intend to interfere with any religious rights by means of the Ordinance. It further claimed that the Ordinance would soon be placed before the Legislative Assembly for ratification. After going through UP government’s proposal, the Court adjourned the matter to enable the petitioners as well to give their suggestions. It also asked both sides to give their recommendations for the appointment of a former High Court judge as head of a Committee to oversee the temple management as an interim measure.
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.
On May 15, the Supreme Court modified an Allahabad High Court order of 2023 and permitted the UP government to use temple funds for acquiring 5 acres of land around it for Corridor development, on the condition that the acquired land shall be registered in the name of the deity.
Recently, the State promulgated the 2025 Ordinance, which statedly vests 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.
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Appearance: Senior Advocates Shyam Divan, Kapil Sibal, Gopal Sankaranarayanan and Amit Anand Tiwari, Advocate Tanvi Dubey (for petitioners); ASG KM Nataraj and Aor Ruchira Goel (for up); Sr advs navin pahwa and vibha datta makhija (for respondents)
Case Title:
(1) DEVENDRA NATH GOSWAMI Versus STATE OF UTTAR PRADESH AND ANR., W.P.(C) No. 709/2025
(2) 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 (and connected case)
(3) Thakur Shri Bankey Bihariji Maharaj Through Shebait Himanshu Goswami and Anr. Versus state of uttar pradesh and anr., Wp (c) no. 734/2025
(4) ISHWAR CHANDA SHARMA Versus THE STATE OF UTTAR PRADESH AND ORS., Diary No. 28487-2025 (and connected case)
(5) ISHWAR CHANDA SHARMA Versus DEVENDRA KUMAR SHARMA AND ORS., Diary No. 39950-2025
. Versus the State of Utar Pradesh and Anr., WP (c) no. 707/20525