This story is from April 3, 2018

HC rejects plea seeking voting rights for devotees

KOCHI: The high court on Monday rejected the demand for giving direct voting rights to devotees to choose the board that governs the affairs of temples and manage their wealth. However, the court said the present system of legislators nominating members of devaswom boards lacks transparency and called for more openness in the appointment process.
A division bench led by Justice P R Ramachandra Menon considered a petition filed by T G Mohandas, former vice president of Bharathiya Vicharakendram. He had questioned provisions (Sections 4 and 63) of Travancore Cochin Religious Institutions Act that allows legislators to nominate devaswom board members and had alleged that they violate right to religious freedom (Article 25 of the Constitution) and freedom to manage religious affairs (Article 26).
Though the court did not agree with the argument that provisions of the 1950 legislation violate fundamental rights, it said it finds force in the contention regarding lack of transparency in the appointment process. However, the court pointed out that it can only suggest and cannot direct the government to bring in transparency.
Half of the battle would be won by fielding good candidates and one way of doing this is to make the process of identification of candidates transparent and information on this being allowed to be placed in public domain, the bench said.

The government can either allow citizens to offer their candidature in a prescribed manner by stipulating specific qualifications or conditions or the ministers and legislators can choose the candidates and then disclose such nominations for public scrutiny and opinion, the judgment said.
Government should also consider framing suitable rules towards this, the court said. “Such action to ensure transparency and openness is the need of the hour and we are certain that every government who believes in the dignity of democracy would employ their wisdom for this purpose without any reservation,” the judgment stated. we must lead the change
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