High Court restrains Bhairavasthan committee formed against the law to work

जेष्ठ ८, २०८२

माधव अर्याल

High Court restrains Bhairavasthan committee formed against the law to work

The High Court of Dang Tulsipur has issued an interim order to the newly formed Bhairavasthan Temple Management Committee of Palpa in the name of the opposition. The committee was stopped from working because it was formed contrary to the existing law.

As mentioned in sub-section (2) of section 3 of the guidelines regarding the establishment of a temple management committee using the jurisdiction under the Guthi Sansthan Act, the management committee of the Bhairavasthan temple should have been formed. But on the contrary, since the committee was formed under the provisions of the Ribdikot Rural Municipality Math and Temple Management Act, 2081, the High Court has given an interim order that the newly formed committee cannot continue.

The bench of Justices Ramesh Dhakal and Sankapara Parajuli has stopped the newly formed committee from taking action. After forming the temple management committee contrary to the existing law, the outgoing chairman Gobind Bahadur Pokharel filed a writ petition in the high court Tulsipur Butwal bench opposing the committee with the chairman of Ribdikot Rural Municipality-4, Bhairavasthan Somkumar Karki, Malport Office Palpa, Guthi Sansthan, chairman of the newly formed management committee and the committee.

Issuing an order related to the management and operation of the temple, it is mentioned that according to Article 290 of the Constitution, the provisions related to Guthi will be in accordance with the federal law. According to serial number 21 of schedule 6 of the constitution, the subject of Guthi management is included in the province's rights list. 

According to Guthi Sansthan Act, 2033, Guthi Sansthan has got the responsibility of operating and managing Raj Guthis. 

A new committee was formed on 27th November 2081 after the completion of the tenure of the temple management committee, which was previously chaired by Gobind Bahadur Pokharel. The meeting chaired by Ward President Somkumar Karki formed a committee in accordance with the provisions of the Ribdikot Rural Municipality Math Temple Management Act, 2081. Dilip Rayamazhi was the chairman of the committee, Gambhir Ale was the vice president, Birendra Midhun was the secretary, Nar Bahadur Ale was the joint secretary, and Dhirendra Pradhan was the treasurer. The members were Sita Thapa, Kamala KC, Mankumari Gaha and Bam Bahadur Rayamazhi. 

According to the Math and Temple Management Act 2081, the chairman of the rural municipality, Narayan Bahadur Karki administered the oath to the newly formed committee. The Ribdikot rural municipality passed the Monastery Management Act 2081 in the village assembly on January 15th. On January 16th, the Act was issued after the approval of the village chairman Karki. In relation to the operation and management of the temple under Rajguthi, using the jurisdiction according to section 16 and 17 of the Guthi Act, the rural municipality has issued the guideline, 2081 regarding the formation of the temple management committee and has been approved by the board of directors.

Act has the objective of proper management, protection and development of Math and Temples. Ribdikot Rural Municipality-4, Bhairavasthan has issued a public notice on October 17th, while the government's monastery management committee is in the process of being formed. Based on the information, the meeting on 27th November elected the office bearers. It is claimed that the committee was formed according to the Math-Temple Management Act 2081 made by the rural municipality. The local government had also written to the relevant authorities to stop the work of the newly formed committee, stating that the committee had been constituted illegally without the approval of the Guthi Institute. 

Institute had already written a letter to Malpot Office Palpa asking them to stop the work of the committee on the grounds that a new committee had been formed from the rural municipality without permission and had interfered in the heritage sector without taking the approval of the institute. Bhairavasthan temple was built by Manimukunda Sen of Sen dynasty. It is under private ownership.

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