The Bombay High Court has set aside the February 2025 elections to the managing committee of Shree Dev Bodgeshwar temple in Mapusa and ordered fresh polls within three months after ruling that 254 members were illegally included in the electoral roll.
The direction was issued by Justice S G Chapalgaonkar, who instructed the administrator of the devalaya and the Bardez mamlatdar to conduct the fresh election using the list of mahajans, excluding the 254 members from the voter list.
Until the newly elected managing committee assumes office, the administrator will continue to manage the affairs of Shree Dev Bodgeshwar Sansthan, according to the court’s order.
The court found that the inclusion of the 254 members violated the procedure governing enrolment and that the election was conducted on the basis of a faulty electoral roll. It held that the list of voters had not been prepared in accordance with the applicable regulations.
Referring to Article 27, the High Court said that no person could be considered a member, or mazanes, without prior enrolment in the relevant catalogue. The court concluded that the addition of the 254 members was “absolutely illegal” and that the election process based on that list could not stand.
The ruling also examined the role of the administrator in overseeing the temple’s management and election process. Under Article 70, the administrator was responsible for ensuring the execution of the regulations and bye-laws, as well as the proper discharge of duties by subordinate officials.
The court said the administrator had been aware of objections to the validity of the list of capable members but nevertheless allowed the election to proceed. It held that the administrator had failed to perform the responsibilities assigned under the regulations.
The decision places the temple’s administrative affairs under continued interim management while requiring the authorities to prepare a corrected electoral roll and conduct a new election. The fresh process must be completed within three months, with the 254 members excluded from the list on which voting will take place.
The order makes the validity of membership records central to the next election. The administrator and Bardez mamlatdar will now be responsible for implementing the court’s directions and ensuring that the new poll is conducted on the basis of the legally recognised list of mahajans.
