RESTORATION OF MANAGEMENT OF COOCH BEHAR RELIGIOUS DEBUTTOR TRUST BOARD WITH SENIOR MOST EX-ROYAL FAMILY MALE MEMBER AS PRESIDENT

Appointment of President and members of the Debuttor Trust Board for management of Temple properties of erstwhile princely state of Cooch Behar has become a contentious issue and hurts the sentiments of ex-royals and subjects of the ex-princely state.

2.  Erstwhile Cooch Behar, one of the most important princely states of British India, got merged with Indian Dominion on the 28^th August, 1949 under an Agreement made between the Governor General of India and His Highness the Maharaja of Cooch Behar, Lt. Col. Jagaddipendra Narayan Bhup Bahadur.

3.  The arrangements of transfer of powers / terms and conditions of the agreement were further clarified by the Ministry of States, New Delhi letter dated 30^th August, 1949 sent by then Advisor to the Ministry of States, New Delhi Mr. Vapal Pangunni Menon, on behalf of Union Govt. and Lt. Col. his Highness Maharaja Jagaddipendra Narayan Bhup Bahadur, last King of erstwhile Cooch Behar State. Reference is drawn to Serial No.8 of the Demi Official letter from Shri V.P. Menon, Adviser, Minister of States, New Delhi to Lt. Col. His Highness Maharaja Sir Jagaddipendra Narayan Bhupbahadur, K.C.I.E, Maharaja of Cooch Behar, Cooch Behar, No. F.15(19)-P/49 dated 30/8/1949 as reproduced below” -

“The management of the temples and Debatar properties in the State may be entrusted to a Trust which shall consist of Your Highness as President, 3 nominees of Your Highness and 2 nominees of Government. This trust will be in charge of all temples in the State and will also administer the properties of the temples both inside and outside the State. In the event of the abolition of the zamindaris which are Debatar property Government will ensure that the Trust has adequate resources to fulfil its object.”

The above clause implied that the Maharaja was undisputed President of the Cooch Behar Religious(Debuttor) Trust and in the event of abolition of zamindari, Central Government would make necessary arrangements and not the State Government of West Bengal.

 

4.  Article VI. of the Merger Agreement was clear in the matter regarding succession of the Maharaja after his demise. The article mentioned as under:

“The Dominion Government guarantees the succession, according to law and custom, to the gaddi of the State and to His Highness the Maharaja’s personal rights, privileges, dignities and titles.”

 5. As per the Article No.1(2) of the newly adopted and enacted the Constitution of India, duly authenticated by the President of the Constituent Assembly, published in the Gazette of India, New Delhi, Saturday, November 26, 1949 vide Notification No.CA/83/Cons./49, Cooch Behar was placed as a Part ‘C’ State in the First Schedule. The Constitution of India was adopted on the 26^th November, 1949 by the Constituent Assembly and, same came into force on the 26^th January, 1950. Before the Parliament of India started functioning, Part ‘C’ state Cooch Behar was merged with the state of West Bengal as a district on the 1^st January 1950 as per provision under Section 290A of Government of India Act, 1935. This surprise move was done on the behest of then Chief Minister of West Bengal Dr. Bidhan Chandra Roy, with the sole aim of bringing the said state into the fold of West Bengal. With a view to manage the temple properties of Cooch Behar, the Govt. of West Bengal, Land and Land Revenue Department framed Cooch Behar Religious Trust Rules, 1966 vide Notification No.10777-L.R. Dated, Calcutta, the 24^th June, 1966. As per the Trust Rules, 1966, His Highness the Maharaja Jagaddipendra Narayan remained the President of the Trust. Clause No.5, Part-II of the said Rules is reproduced as under:

“4. Terms of the President and other members:- The terms of appointment of the president and other members shall be perpetual, But on the demise of the Highness the present Maharaja Bhup Bahadur of Cooch Behar, His successor according to law and custom shall be the President of the Trust. The present Maharaja and his successors shall have powers to fill up the vacancy caused by reason of death, disability, resignation or otherwise of one or more of the three members of the Government. In this case of occurrence of any vacancy or vacancies amongst the Trustees by reason of death, disability, resignation of(or) otherwise, the remaining Trustees are nominated to fill up the vacancy or vacancies.” 

6.  The President of Debuttor Trust, Maharaja Jagadipendra Narayan expired on 10^th April, 1970 leaving no direct progeny. Keeping in view of the law, customs and as per the provision of Cooch Religious Trust Rules, 1966, Maharaja’s brother’s son Kumar Birajendra Narayan was chosen as the successor and was made the President of the Trust. Time was good and conducive for the ex-Royals and the people of Cooch Behar. The Trust Rules, 1966 were amended in the year 1981 wherein Rule 5 was amended stating that “Instead of mentioning the names of the members the formation of the Trust may be as follows:

1) The successor of the erstwhile Maharaja of Cooch Behar according to law and custom – president

 2) Member 3) Member 4) Member – to be nominated by the President

5) Dy. Commissioner, Cooch Behar (ex-officio) and

6) SDO, Cooch Behar Sadar (Ex-officio).

7. After death of ex-royal family member Mr. Biranjendra Narayan who died on 10^th August, 1992 leaving no direct progeny, his nephew Kumar Anilendra Narayan made a prayer before His Excellency, the Governor of West Bengal to approve him as the President of Debuttor Trust Board. His Excellency, the Governor of West Bengal sought legal opinion from the Legal Encumbrancer on succession of Kumar Anilendra Narayan. The Legal Encumbrancer opined positively in favour of Kumar Anilendra Narayan. That the Legal Remembrancer considering the application and documents such as (a) Pension payment order (Privy Purse), (b) Merger Agreement, (c) Opinion of Rajpurohit, (d) Opinion of surviving male member of Cooch Behar dynasty and (e) approval letter of Maharani Gayatri Devi, Kumar Anilendra Narayan opined that Kumar Anilendra might be the president of Religious Trust Board, Cooch Behar vide Memo No.1736 Dated 25-07-1994.

8.  Considering Kumar Anilendra Narayan as the eldest member of the royal family of the erstwhile princely State of Cooch Behar was the successor of the last Maharaja, Ld. District Judge, Cooch Behar by his order dated 11.11.1997 in guardianship proceedings no.8 of 1987 appointed Kumar Anilendra Narayan as the President of the Cooch Behar Religious Trust. Against the said order of the Ld. District Judge an application u/s.227 was filed being C.O. No.363 of 1998 before Hon’ble High Court, Calcutta. The said C.O.363of 1998 was disposed of on 19.06.2002 directing Kumar Anilendra Narayan to file a formal application for his appointment which went unheeded. Kumar Anilendra Narayan filed W.P. No.19291 of 2003 for compliance of the earlier order of the Hon’ble High Court dated 19.06.2002. during the pendency of the Writ Petition, the Govt. of West Bengal to establish full control over the temple properties, by a Notification No.1115-TW/9T-3/ 97(III) dated Kolkata, the 21^st May, 2004 amended rule 4 of the Trust Rule 1966 to incorporate a proviso to the effect ‘Provided the State Govt. shall have the liberty to nominate any nominee of the Government  as President of the Trust in absence of the direct progeny of the Maharaja as per law and custom’, and in terms of the said amended proviso to rule 4, the District Magistrate Cooch Behar was appointed as the President of the said Trust. Kumar Anilendra Narayan died on 21.12.2014 leaving behind four sons namely – (i) Kumar Amitava Narayan, (ii) Kumar Arunava Narayan; (iii) Kumar Dippendra Narayan; (iv) Kumar Soumendra Narayan.

9.  Subsequently, Kumar Soumendra Narayan, the youngest son of late Kumar Anilendra Narayan filed a writ petition in the Hon’ble High Court of Calcutta for appointment as President of the Debuttor Trust. Hon’ble High Court passed a direction order vide No. W.P. 2433(W) of 2007 dated 06.02.2014, Kumar Soumendra Narayan Versus State of West Bengal & Ors. The order was unique in the sense that while acknowledging the eligibility of petitioner as direct progeny of the Maharaja and fit for appointment as President of the Religious Trust, directed the District Magistrate to continue as the President of the Trust. Related excerpts of the orders signed by Hon’ble Justice Tapabrata Chakraborty are given as under:

“In the present factual scenario, as the petitioner’s father(Kumar Anilendra Narayan) had expired on 21^st December, 2004 and as the petitioner is admittedly a direct progeny of the Maharaja and as he made a representation to the respondent no,5 on 30^th August, 2006, the petitioner has a right to be considered for appointment to the post of President of the said Trust and such right of the petitioner also stands protected in terms of the proviso to Rule 4 of the said Rules(Cooch Behar Religious Trust Rules, 1966).

In such circumstances, I direct the respondent no.5 to consider the petitioner’s representation dated 30^th August, 2006, strictly in terms of the amended proviso to Rule 4 of the said Rules and to pass a reasoned order, upon granting an opportunity of hearing to the petitioner and all other interested parties and to communicate the order to the petitioner.

The above exercise should be completed within a period of eight weeks from the date of communication of this order.

However, till such order is passed and communicated to the petitioner, in the greater interest of the temple and the deity of the said Trust, the respondent no.2 shall continue as the President of the said Trust.”

10.   As per direction of the Hon’ble High Court of Calcutta, Govt. of West Bengal, Tourism Department passed ‘Reasoned Order’ No.60-L/PS(T)/14 dated 16.05.2014 finding no merit in the representation of Kumar Soumendra Narayan dated 30.08.2006.

    At the end, the Reasoned Order stated- “…So, before communication of this order an endeavour should be made by the department to issue suitable notification for appointment of the President of the Cooch Behar Religious Trust in terms of the amended proviso to Rule 4 of the said Trust Rules of 1966 either after taking into consideration the justification of retaining the said expression “in the absence of the direct progeny of the Maharaja as per law and custom” or after mentioning it specifically in the said order that there is no direct progeny of Maharaja as per Law and custom…”         

11.  The Reasoned Order dated 16.05.2014 enabled the Govt. of West Bengal and became the reason for the Govt. of West Bengal to waste no time in issuing Notification to appoint the District Magistrate as the President of the Religious Trust.

The Notification No.528-TW/IT-20/2007(Pt-I) dated 28/05/2014 issued by the Govt. of India, Tourism Department reiterated:

“NOW THEREFORE in exercise of the power under proviso to rule 4 of the Cooch Behar Religious Trust Rules, 1966 the Governor is pleased to appoint District Magistrate, Cooch Behar as the President of Cooch Behar Religious Trust in as much as there is no direct progeny of the last recognized Maharaja as per Law and Custom.”  

12. Aggrieved by the dismal responses from the Govt. of West Bengal, one of the eldest male member of the ex-Royal family, Kumar Amitava Narayan was running from pillar to post seeking justice and appointment himself as the President of the Trust Board.  In one of his last grievances submitted to the Hon’ble President of India, New Delhi vide his Representation dated 25^th November, 2015, it was pleaded that:

“That I have strong objection that after the death of Late Maharaja Birajendra Narayan Bhup Bahadur who died on 10^th August,1992. My father Kumar Anilendra Narayan had no claim to the Rulership of erstwhile of Cooch Behar State in pursuance of Clause 22 of the Article 366 of the Constitution of India.

That my father Kumar Anilendra Naran had no claim under the Article 362 of the Constitution of India, the rights and privileges of the Rulers of princely state Cooch Behar which done away with by the 26th amendment of the Constitution of India with effect from 1971.

That my father Kumar Anilendra Narayan accepted privy purse under the Artical 363A of the Constitution of India from 15th May,1956 to until his death on 21st  December,2004 as per Merger Agreement Dated 28th  August 1949 made between  the Governor General of India and his Highness Maharaja of Cooch Behar, File D.O. No.F15(19) Dated 30th  August,1949.

 That my father Kumar Anilendra Narayan claims only for appointment as president of the Religious Trust board (Debuttor Trust Board) Cooch Behar according to the Merger Agreement Dated 28th August 1949 and the Cooch Behar Trust Rules,1966.

That Tourism Department, Principal Secretary to the Govt. of West Bengal passed a Reasoned Order vide letter No.528-TW/1T-20/2007(pt.1) Dated 28-05-2014. As per aforesaid Reasoned Order and Notification presented the Clause (22) of the Article 366,362,363A of the Constitution of India, Govt. of West Bengal determined and cunningly exercise(d) of (the) power to deprive permanently for (the) right to freedom of religion and freedom to manage religious affairs under Article 26 of the Constitution of India.

That Tourism Department Govt. of West Bengal exercises the power of the Governor to fully violate the traditional, religious, Law and custom i.e. ''AGE-OLD CUSTOM of worshipping Lord Sri Sri Madan Mohan and spanning the ‘Rash Chakra’ by the successors of the Cooch Behar Royal Family''.

Subsequently, the Govt. of West Bengal, appointed Amitava Narayan as member of the said Trust in 2021 who died in 2022 leaving the membership vacant.

13.  To many, the succession of the Maharaja is not necessarily implied direct progeny but it could be any senior ex-royal member in succession. Since, the appointment of the President and trust members was originally controlled by the Central Government under an agreement which is a living document, it would be legally correct if appointment of President and management of the Debuttor Trust is controlled and monitored by the Central Govt. The matter is debatable and appears not to be ending.

14.  In erstwhile Cooch Behar State and for its ex-subjects who are mostly Rajbanshis, ‘law is there where there is religion’. For Rajbanshis, religion also signifies nationalism, justice and fraternity. For them custom signifies traditional rituals of worshipping the Hindu deities, folklore and Rajbanshi culture. After death of the last Maharaja, subsequent successors, the last being late Kumar Anilendra Narayan, who was supposed to hold the position of the President of the Trust but died, presently surviving senior male member of the ex-royal family should ideally and as per established customs be entitled for appointment as President of the said Trust. Unfortunately, Govt. of West Bengal has changed the rules and appointed the District Magistrate as President of the Trust against the wishes of the ethnic subjects erstwhile Cooch Behar State. Therefore, it is necessary for both the Central Govt. and Govt. of West Bengal to arrange to appoint a suitable senior ex-royal family male member as President of Religious Trust Board, Cooch Behar and make necessary law in the matter keeping in view the local customs and sentiments of the people of Cooch Behar. By doing so, long lasting peace and happiness among the ex-subjects of Cooch Behar state including the entire Rajbanshi community can be established.