The Allahabad High Court has called for the Uttar Pradesh Government’s response after a court-appointed legal advisor (Amicus Curiae) raised serious concerns about the state’s authority to take control of the Banke Bihari Temple in Vrindavan through an ordinance.
The Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance, 2025 proposes that the temple’s management and facilities for devotees be handed over to a newly formed trust called ‘Shri Banke Bihari Ji Mandir Nyas’. The ordinance states that the trust will have 11 members, with up to 7 government officials serving as ex-officio trustees. All members, whether government or non-government, must be followers of Sanatan Dharma.
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Amicus Curiae Challenges the Ordinance
On July 21, 2025, the Amicus Curiae, Advocate Sanjay Goswami, argued before Justice Rohit Ranjan Agarwal that the UP Government has no legal right to issue this ordinance. He stated that the Banke Bihari Temple is a private temple, managed for centuries by the descendants and followers of Swami Haridas Ji, a revered saint.
"The government is trying to take control of the temple through the back door," the Amicus Curiae argued.
He specifically objected to Section 5 of the ordinance, which deals with the appointment and terms of the temple trustees. The section allows for nominated trustees (saints, scholars, and religious leaders) and ex-officio trustees (government officials).
The Amicus questioned why government officials, including the District Magistrate, Mathura SSP, Municipal Commissioner, and officers from the UP Dharmarth Department, should be part of the temple trust. He argued that this amounts to illegal state interference in a private religious institution.
"The state cannot take over a Hindu temple. The Constitution does not allow the government to control religious practices," he said.
He also pointed out that while some temples in Tamil Nadu are under government control, this does not mean it is legally or constitutionally valid.
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Supreme Court Hearing on Temple Funds
The Amicus informed the High Court that a related case is pending before the Supreme Court, scheduled for July 29, 2025. The case challenges the UP Government’s use of temple funds for a corridor development project near the Banke Bihari Temple.
Earlier, on May 15, 2025, the Supreme Court had allowed the UP Government to use Rs. 262.50 crore from the temple’s funds for land acquisition, but only if the land was registered in the deity’s name. However, temple priests (sewayats) later filed a recall petition, arguing they were not heard before the order was passed.
Background of the Temple Dispute
The Banke Bihari Temple has been managed for generations by the descendants of Swami Haridas Ji, with around 360 sewayats overseeing its affairs. However, internal disputes between different sects of priests led to legal battles.
In March 2025, the High Court appointed Advocate Sanjay Goswami as Amicus Curiae to help resolve the temple’s management issues. Meanwhile, the UP Government introduced the ordinance, which many see as an attempt to take over the temple’s administration.
Ongoing Legal Battle in Supreme Court
The dispute also involves the UP Government’s plan to develop a corridor around the temple. While the Allahabad High Court initially allowed the project in November 2023, it barred the use of temple funds. However, the Supreme Court later permitted the government to use the funds, leading to further legal challenges.
Two devotees, Devendra Nath Goswami and Rasik Raj Goswami, have filed petitions in the Supreme Court, demanding a stay on the corridor construction and the formation of a heritage committee to ensure transparency.
The next hearing on July 30, 2025