“Will Keep UP Govt Ordinance On Banke Bihari Temple In Abeyance Till Pleas Decided”: SC

Supreme Court of India

The Supreme Court on Friday ordered that the Uttar Pradesh government’s ordinance creating the Shri Bankey Bihari Ji Temple Trust — which hands over the temple’s administrative control to the state — will remain suspended until the Allahabad High Court rules on its validity.

A bench of Justices Surya Kant and Joymalya Bagchi reserved its decision on multiple petitions opposing the 2025 ordinance and seeking a review of the Court’s May 15 order approving the state’s corridor development plan for the Vrindavan shrine.

The bench said the constitutional challenge to the ordinance will now be decided by the high court, with all pending Supreme Court petitions transferred there.

Temple Funds & Land Acquisition

The Court indicated it will tweak its May 15 directive that allowed temple funds to be used for purchasing five acres of land in the deity’s name for a holding area for devotees.

The bench proposed forming a high-level management committee led by a retired High Court judge, along with local officials and representatives from the Goswami community. This panel would oversee daily temple operations and spend funds to upgrade facilities for the lakhs of pilgrims visiting every week.

State Defends Ordinance

During the hearing, Additional Solicitor General K.M. Nataraj, for the UP government, highlighted that the Allahabad High Court had recently criticised the ordinance, calling it a “sin,” and sought a stay on that observation.

The Supreme Court struck down the high court’s July 21 and August 6 orders and directed the Chief Justice of the Allahabad High Court to assign the case to a division bench for a speedy resolution.

Background

On August 5, the UP government told the apex court that the ordinance aimed to improve the shrine’s administration and supported the idea of a retired judge-led management panel.
Earlier, the Supreme Court had expressed displeasure at the state’s “clandestine” approach and questioned the rush to pass the ordinance without hearing key stakeholders.

On May 15, the Court had permitted the state to proceed with its plan to develop the Banke Bihari Temple Corridor but insisted that any land bought for the project be registered in the name of the deity or the trust.