The Bombay High Court's Aurangabad bench on November 14 permitted the resumption of flower and garland offerings at the Shree Saibaba Sansthan in Shirdi, a practice that had been suspended for over there years on account of the Covid-19 pandemic [Shri Saibaba Sansthan Shirdi v State of Maharashtra]

A bench of Justices Mangesh Patil and Shailesh Brahme was hearing two applications, one filed by the ad hoc committee of the Sansthan seeking approval of its resolution to resume flower/garland offerings and a second by flower vendors requesting permission to sell flowers inside the temple premises.

After reviewing both applications, the Court allowed the resumption of offerings.

"It would be appropriate that permission is granted to the Sansthan/trust for resuming offering of flowers/garlands as resolved by Resolution No.277, and calling upon the ad-hoc committee to take appropriate decision at the earliest regarding the manner in which it decides to dispose of the waste to be generated by virtue of offering of the flowers/garlands," the Court observed.

The case stemmed from a Public Interest Litigation (PIL) petition filed in 2021, challenging the management of the Shree Saibaba Sansthan Trust.

Following a ruling in September 2022, the Court directed the State government to set up a new managing committee for the trust.

An ad-hoc committee led by Principal District Judge, Collector and the Chief Executive Officer of the Sansthan has been overseeing the temple’s affairs since then.

Flower offerings had been suspended since 2020 as a pandemic-related precaution and due to concerns about cleanliness and waste management within the temple premises.

During the hearing of the matter, advocate Anil S Bajaj, representing the Sansthan, argued that the decision to resume flower offerings was made after careful consideration of the issues raised by all concerned parties, including flower farmers and devotees.

He emphasized that the flowers would be purchased from a credit co-operative society run by the temple's employees and sold at reasonable rates within the temple premises.

Bajaj also explained that while it did not have a plan for disposal of waste, the Sansthan had previously entered into agreements with a self-help group to dispose of the flowers by processing them and converting them to incense sticks (agarbatties). According to him, this could now be followed as well.

On the other hand, advocate PS Talekar, representing an intervenor, raised concerns that resuming the offerings could lead to the harassment of devotees and the revival of unauthorized flower vendors.

He highlighted that the reasons for halting the practice continue to remain valid and that the potential for extortion and illegal activity would persist unless proper safeguards are put in place.

Similarly, the State government, represented by Government Pleader AB Girase, expressed concerns about the resumption of offerings. Girase pointed out that the previous suspension was implemented to protect devotees from being exploited by unauthorized vendors and to ensure cleanliness of the temple premises. He urged the Court to consider these factors before allowing the resumption of the practice.

The Court expressed concerns about the Sansthan's plan for disposal of the flowers and garlands.

"We are essentially concerned with the aforementioned stand of the applicant trust/sansthan. If such used flowers and garlands are to be E-auctioned or disposed of by E-tender, one wonders as to how there could be a stipulation superadded precisely for their use in manufacture of agarbatties," it said.

It also acknowledged the potential for criminal activities related to unauthorized flower vendors and expressed apprehension about the plans suggested by the Sansthan.

However, while acknowledging these concerns, the Court made it clear that its focus was on the resumption of the flower offering practice itself, rather than the broader issue of criminal activities. It reiterated that the ad-hoc committee should take swift decision on waste disposal and related logistical issues.

Advocate Anil S Bajaj appeared for the sansthan.

Advocate PS Talekar instructed by Talekar and Associates appeared for the intervenor.

Senior Advocate VD Hon instructed by advocate Ashwin Hon represented one of the applicants.

Advocate Amol Sawant appeared for another applicant.

Government Pleader AB Girase appeared for the State.

[Read Order]