HC fines Shiv Sena leader for PIL over darshan fees at Trimbakeshwar temple
The division bench of chief justice Alok Aradhe and justice Sandeep Marne was hearing Shinde's plea challenging the ₹200 fee levied by the trust for VIP darshans.
Shinde claimed that the trust had no authority to regulate the entry of devotees into the temple or charge any fee for darshans as the property belonged to the Archaeological Survey of India. She approached the court after raising the issue at multiple forums such as the Archeological Survey of India and the Charity Commissioner.
The temple trust opposed the plea on the ground that not only was there a delay of nine years in challenging the decision to levy a fee for VIP darshans, Shinde too had participated in the decision making process. Moreover, she was the sister of Kailash Namdeo Palekar (Deshmukh), trustee of the Tungar Mandali Trust which was functioning illegally in the temple premises, and her plea sought to create hurdles in the functioning of the temple with the ulterior motive of supporting the Tungar Mandali Trust, the Trimbakeshwar Temple Trust claimed.
'The petition is clearly aimed at settling scores with the current managing committee (of the temple),' the court observed, saying Shinde had specifically prayed for handing over the management of the temple to another trust.
Shinde had also concealed her involvement with other trusts such as the Dwarkadish Jagatguru Shankararcharya Swami Swarupanandji Nirmit Hingalaj Sena, the Trimbakeshwar Devasthan Trust, and the Sant Nivruttinath Samadhi Trust, the court noted.
'Jurisdiction of this court under Article 226 of the Constitution of India is both equitable and discretionary. The same cannot be permitted to be misused, especially in public interest, for the purpose of espousing private interest of the petitioner. We find filing of the present petition by the petitioner to be a gross abuse of process of law,' the court remarked while imposing the fine on Shinde.
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