K. V. Jayakumar, J.

1. This Writ Petition is filed under Article 226 of the Constitution of India. The petitioner, V. Prabhakaran, states that he is an ardent devotee of Sree Manappullikavu Bhagavathi Temple and interested in the welfare of the temple.

2. Sree Manappullikavu Bhagavathi Temple is an ancient temple in Palakkad District. It is a special grade temple under the Malabar Devaswom Board since 1983. Every year, Annual Vela Festival is conducted during the third Thursday of Kumbam Malayalam month (February-March). It is further stated that the Annual Vela is conducted based on the orders passed by the 1st respondent, State of Kerala. The petitioner has produced Ext.P1, order of the 1st respondent.

3. As per Ext.P1 (G.O.No. 13312/Dev.1/2015/RD dated 01.10.2015), the Vela Committee shall submit audited statements of accounts showing the income and expenditure within one month from the conclusion of the Vela Festival to the 3rd respondent, Assistant Commissioner - Malabar Devaswom Board. Ext.P1 order further states that those members of the Vela Committee who commit defaults should be debarred from becoming members of the future Vela Committee.

4. According to the petitioner, there is a delay in submitting audited account statements before the Assistant Commissioner, Malabar Devaswom Board with respect to the conduct of the Temple Vela Festival for the year 2025.

5. The petitioner further states that he has submitted Ext.P2 application before the Assistant Commissioner Malabar Devaswom Board under the Right to Information Act (RTI Act), seeking information as to whether the Vela Committee has submitted accounts within the stipulated time. As per Ext.P3 reply, the Assistant Commissioner informed the petitioner that the temples under the Malabar Devaswom Board are excluded from providing information under the RTI Act as per the judgment of this Court in WP(C) No.30470/2008 dated 11.03.2011. It is also seen that the Vela Committee has not submitted Audited Statements of Accounts as mandated by Clause (iii) of Ext.P1.

6. It is on this assertion, the petitioner has approached this Court claiming the following reliefs:

                  i.        direct the 2nd Respondent to consider Exhibit P4 within a time frame along with hearing the Petitioner, before calling for meeting leading to formation of Vela Committee to conduct Vela for Manappullikavu Temple in 2026 as per Exhibit P5, by means of a Writ of Mandamus or any other appropriate Writ Order or Direction;

                  ii.       Direct the 2nd and 3rd Respondents or the competent amongst Respondents 1 to 4 to form a list of defaulters of members of previous Vela Committees so as to work the mandates under Exhibit P1, debarring the defaulted members of previous Vela Committees in coming into future Vela Committees by means of an appropriate Writ, Order or Direction of like nature;

                  iii.       hold that the Respondents 1 to 4 are bound to implement the directions in Exhibit P1 with respect to formation of Vela Committee in future by means of an appropriate Writ Order or Direction;

                  iv.      direct the Respondents 1 to 4 to strictly implement the mandates under Exhibits P1 qua Exhibit P5 by means of appropriate Writ Order, or Direction of like nature;

                  v.       hold that unless the list of defaulters of previous Vela Committee members are published, Exhibit P5 is to be countermanded till then by means of an appropriate Writ, Order or Direction of like nature;

7. Sri. Rajesh Sivaramankutty, learned counsel for the petitioner submitted that the non-submission of the audited accounts by the Vela Committee as per Ext.P1 order prima facie shows that there is some malpractices by the committee. Now, Ext.P5 notice is published by the 3rd respondent, Assistant Commissioner, Malabar Devaswom Board to convene a meeting for the selection of new Vela Committee for the year 2026.

8. Sri. K. Mohanakannan, the learned counsel for the 4th respondent, the Executive Officer of Sree Manappullikavu Bhagavathi Devaswom submitted that the Vela Committee of the year 2025 has submitted the income and expenditure account statement and that is forwarded to the Assistant Commissioner on 25.06.2025 as evident from Ext.R4(b).

9. The learned counsel pointed out that even after the festival is over, contributions from the devotees are being credited to the account of the Vela Committee for more than a month. Therefore, auditing of the account and preparation of income and expenditure statements may not be completed within a month after the conclusion of the Vela Festival. It is also pointed out that experienced persons are to be included in the Vela Committee and it is necessary for the proper conduct of the Vela.

10. Adv. K. Mohanakannan, the learned counsel further submitted that Ext.P5 notification was issued in compliance with the directions issued by this Court in W.P.(C) No. 37496/2022. In the said judgment, this Court directed that the person elected as members of the Vela Committee shall be regular worshipers of the temple, who are prepared to actively work for the betterment of the temple.

11. The learned counsel would then point out that the Vela Festival of the current year is scheduled to be held on 26.02.2026. Several preparatory works have to be done, since it is a major festival in Palakkad District. The Treasurer of the Vela Committee is the Executive Officer who is appointed by the Malabar Devaswom Board. Therefore, whatever funds donated by the devotees will be properly accounted for.

12. We have heard the submissions of Sri. Rajesh Sivaramankutty, learned counsel appearing for the petitioner, Sri. S. Rajmohan, the learned Government Pleader, Smt. R. Renjanie, the learned Standing counsel for the Malabar Devaswom Board and Sri. K. Mohanakannan, the learned counsel for the 4th respondent and perused the records.

13. The main challenge in this Writ Petition is that Ext.P5 publication was issued by the Assistant Commissioner, Malabar Devaswom Board dated 17.11.2025 to convene a meeting for the formation of the Vela Committee for the smooth conduct of the Vela of Sree Manappullikavu Temple, Palakkad for the year 2026 scheduled to be held on 26.02.2026, violating the stipulations of Ext.P1 G.O.

14. As per Clause (iii) of Ext. P1 order, the Vela Committee is required to submit audited statements of accounts reflecting the income and expenditure within one month from the conclusion of the Vela Festival. Clause (iv) of Ext. P1 further mandates that the members of the Vela Committee who fail to submit proper accounts within the stipulated time shall be debarred from becoming members of the Vela Committee in future, and the names of such defaulters shall be exhibited on the notice board of the temple.

15. Ext.R4(b) is the copy of the account statement submitted by the office bearers of the Vela Committee 2025 on 25.06.2025 with a delay of four months. On going through Ext. R4(b) account statement, the total receipts are Rs.75,69,407/- and total expense incurred was Rs.72,53,758.66/-. It is pertinent to note that Ext.R4(b) is not an audited account statement as contemplated under clause (iii) of Ext.P1 order. Ext.R4(b) account statement cannot be considered as proper compliance of Clause (iii) of Ext.P1 order. The very purpose of issuance of Ext.P1 order of the Government is to ensure that each and every rupee received by the Vela Committee as donations from the devotees should be properly accounted and audited. However, the Vela Committee 2025 represented by the President, Secretary and the Executive Officer (Treasurer) of the Committee has submitted an unaudited account statement to the third respondent that too, after four months of the completion of the Vela. It is pertinent to note that Ext.R4(b) account statement is incomplete and lacks the necessary particulars.

16. Once the Vela Festival is over, it is the bounden duty of the Vela Committee, in which an Executive Officer appointed by the Malabar Devaswom Board is included as a Treasurer, to submit the audited account statement of income and expenditure at the earliest. The non-submission of the audited account statement can only be viewed with suspicion by this Court. The delay occasioned in the submission of the audited account statements of income and expenditure would open up a path for misappropriation and corruption. The reason stated in the counter statement of the fourth respondent that even after the conclusion of the Vela, the devotees continue to pay and remit amounts to the Vela Committee is not justifiable and untenable.

17. This Court by judgment in W.P.(C) No.37496/2022 dated 23.11.2022 (Ext. R4(a)) has issued the following directions:

                  “10. In such circumstances, this writ petition is disposed of by directing the 3rd respondent Assistant Commissioner to proceed with the meeting scheduled on 24.11.2022 at 11:00 a.m. for the formation of Vela Committee in connection with Vela festival in Sree Manappullikkavu Bhagavathi Temple for the year 2023. The persons elected as members of the Vela Committee shall be regular worshippers of the temple, who are prepared to actively work for the betterment of the temple. Persons who are busy with their employment, office bearers of political parties, active politicians or those indulging in active participation in the activities of a political party cannot aspire membership in the Vela Committee. The 3rd respondent Assistant Commissioner shall get a declaration from the persons so elected, in the form of an affidavit, on the above aspect.”

18. In Ext. R4(a) judgment, the challenge was to the notification issued by the Assistant Commissioner for the formation of the Vela Committee for the conduct of Vela of 2023.

19. Having gone through the pleadings, materials placed on record and the submissions of the learned counsels for the parties, we deem it appropriate to dispose of this Writ Petition with the following directions:

                  i.        The Vela Committee for the conduct of the festival scheduled to be held on 26.02.2026 shall be elected strictly in accordance with Clauses (iii) and (iv) of Ext.P1 order and the directions issued by this Court in Ext.R4(a) judgment.

                  ii.       The previous Vela Committee shall submit an ‘audited account statement of income and expenditure’ to the Assistant Commissioner, Palakkad, strictly in accordance with Clause (iii) of Ext.P1, within a period of fifteen days from the date of receipt of a copy of this judgment, if it is not already submitted.

                  iii.       If the Vela Committee 2025 fails to submit the audited account statement as per Clause (iii) of Ext. P1, the defaulted members shall be permanently debarred from becoming members of the Vela Committee.

                  iv.      The list of defaulted members of the Vela Committee henceforth shall be exhibited in the notice board of the temple.

                  v.       The Assistant Commissioner, Palakkad shall ensure that the members elected for the Vela Committee in future shall be of impeccable integrity and are not involved in any criminal cases. The Assistant Commissioner shall also ensure that Clauses (iii) and (iv) of Ext.P1 order shall be scrupulously followed henceforth.

                  vi.      The Assistant Commissioner, Palakkad shall file an affidavit before this Court detailing all the aspects covered by this judgment, including Clauses (iii) and (iv) of Ext.P1 order within a period of two months from the date of completion of Vela, every year, without fail. It is made clear that if the Assistant Commissioner fails to comply with the aforementioned directions in its letter and spirit, he will be directly answerable to this Court for any such lapses.

                  The Writ Petition is disposed of as above.