Supreme Court Halts UP Govt’s Banke Bihari Ordinance – Appoints Ex-High Court Judge To Lead Temple Management Panel
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The Supreme Court has stayed the Uttar Pradesh government’s ordinance giving it control over Vrindavan’s Banke Bihari temple and formed a 12-member panel headed by retired Justice Ashok Kumar to manage its affairs. The move aims to end years of mismanagement and provide better facilities for devotees.
New Delhi: The Supreme Court of India has put a temporary stop to the Uttar Pradesh government’s new Banke Bihari temple trust ordinance, which gives the state administrative control over the famous Vrindavan shrine.
This stay will remain in place until the Allahabad High Court decides whether the ordinance is valid or not.
A bench of Justices Surya Kant and Joymalya Bagchi refused to directly hear challenges against the Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance, 2025and told the affected parties to approach the high court instead.
The judges said,
“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 court further ordered that the creation of the Shree bankey bihar ji temple trustas mentioned in Section 3 of the ordinance, and its structure under Section 5, must be put on hold until the high court gives its final decision on the ordinance or any future law related to it passed by the state assembly.
However, the judges clarified that the state assembly can still approve the ordinance if it wants to, but such approval will depend on the final outcome of the high court case.
In its detailed order, the Supreme Court also formed a 12-member high-powered committee to manage the temple’s day-to-day work. This committee will be led by retired Allahabad High Court judge Ashok Kumar.
The bench noted,
“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.”
The court expressed concern about the long-standing disputes over the temple’s management, saying,
“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 pointed out that despite donations worth hundreds of crores, there has been no real improvement in facilities for devotees.
The judges said the Goswami Shebaits who have traditionally managed the temple remain divided into rival groups and are continuously fighting cases in civil courts, which has further delayed proper administration.
The court remarked,
“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.”
The Supreme Court also underlined,
“There is no gainsaying that the sanctity of safe religious pilgrimage shall never be unjustly denied to all the citizens of this country.”
The judges appreciated the state government’s cooperation in forming the committee and noted that the new panel can work on improving various facilities for devotees.
The court said,
“We are also lauding 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 bench also changed its earlier order from May 15, which had allowed the state government to go ahead with its plan to build the Shri Bange Bihari Temple Corridor and use temple funds to buy five acres of land for a holding area for devotees. The Supreme Court now felt this earlier order needed correction.
The court observed,
“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.”
The judges said there was a major procedural problem with that earlier order, noting,
“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.”
They also stressed the importance of fairness, saying,
“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.”
The court further highlighted that the Allahabad High Court, in its judgment dated November 8, 2023, had refused the state’s request to use temple funds for buying land as part of the redevelopment plan.
That decision, the Supreme Court noted, had become final since the state never appealed it. The bench stated,
“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.”
The judges added,
“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.”
With this reasoning, the Supreme Court ordered that the situation regarding temple funds and redevelopment should go back to what it was before the May 15 order. This effectively restores the earlier legal position until further decisions are made.
Case Title:
Management Committee of Thakur Shree Banky Bihari Ji Maharaj Temple and Anr. V State of Uttar Pradesh and Ors. WP (C) No. 704/2025
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