Andhra Pradesh order banning non-Hindus from temple shop auctions can’t be imposed: Supreme Court
While disposing of a plea against a tender process adhering to the 2015 directive, the SC pointed out it had already stayed a High Court verdict in the matter.
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The Supreme Court on Wednesday said that a 2015 order issued by the Andhra Pradesh government, barring non-Hindu vendors from participating in temple shop lease auctions, cannot be enforced as it had already stayed a verdict by the High Court in the matter, Live Law reported.
A bench of Justices Abhay Oka and Justice Ujjal Bhuyan issued the order while disposing of a petition against a tender process that implemented the government order in the state.
The government order from November 9, 2015, had been upheld in September 2019 by the Andhra Pradesh High Court, which had dismissed writ petitions against it contending that it was violative of Articles 14 and 15 of the Constitution.
The 2015 government order had invoked Rule 4(2)(k) and Rule 18 of the 2003 Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Immovable Properties and Other Rights Other than Agricultural Lands Leases and Licenses Rules, Live Law reported. This barred non-Hindus from participating in an auction or obtaining leases within temple properties.
While Article 14 states that all people are equal before the law and should receive equal protection, Article 15 prohibits discrimination based on religion, race, caste, sex or place of birth.
On January 27, 2020, the Supreme Court passed an interim order that stayed the High Court verdict.
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