74. Admittedly, Madhupandit Das and other full time devotees are heading the branch of defendant No. 1 at Bangalore. Therefore, Madhupandit Das and other functionaries in their capacity as President and functionaries of ISKCON Bangalore, as a branch of defendant No. 1 are entitled to continue in accordance with the bye-laws, Rules and Regulations of defendant No. 1. However, it is made clear that their continuance as such shall be subject to the decision taken by ISKCON, Mumbai, in accordance with the bye-laws, Rules and Regulations of defendant No. 1.
[To get the whole 81 page judgment as a PDF (2.5 MB) go to the following link: http://judgmenthck.kar.nic.in/judgments/handle/123456789/536696]
The Judges also made it clear when rejecting Madhu Pandit's petition for a 90 day stay order that he would stay on for 6 weeks (up to July 4, 2011) as Branch President in Bangalore of ISKCON Mumbai.
"The bench had already specified that Madhu Pandit Dasa and others can continue in their posts with a requirement that that they should act as per bylaws and regulations of Iskcon, Mumbai."
http://www.harekrsna.com/sun/news/05-11/news3801.htm
So unless Madhu Pandit Dasa wants to be in contempt of the High Court of Karnataka he must, per force of its ruling, act in pursuance of the bylaws and regulations of ISKCON, Mumbai. The following has just appeared in my inbox, a letter from H.G. Bhima Prabhu, General Secretary, Bureau*, ISKCON, to Madhu Pandit Dasa.
The ball is now in Madhu Pandit Dasa’s court; it will be interesting to see how he responds.
Your humble servant
Bangalore correspondent
____________________________
25th May, 2011
To
Madhu Pandit Das
Temple/Branch President,
ISKCON, Hare Krishna Hill,
Chord Road, Rajaji Nagar,
Bangalore-10
Dear Madhu Pandit Prabhu
Please accept my humble obeisances. All glories to Srila Prabhupada.
I circulated the proposal of Dayaram Dasa among all the Bureau members in accordance with section IX.F of the "Rules and Regulations" of ISKCON (F -2179) and the majority of the Bureau members have voted in favor of this proposal therefore in accordance with IX.F of the Rules and Regulations, the said proposal is passed and has now become formal resolution of the Bureau.
I have enclosed the said resolution (2 pages) along with explanation (3 pages). So totally 5 pages as annexure to this letter. The said resolution is in respect of appointment of Supervisory Committee by the Bureau.
As per section X.B. of the Rules & Regulations it is the duty of every branch President and every other functionary of a branch to strictly comply with the resolutions of the Bureau.
Therefore you are kindly requested to give your full support and co-operation to the members of the said Supervisory committee to carry out the task assigned to them by the Bureau.
Hare Krishna.
Yours sincerely
Bhima Dasa
General Secretary,
Bureau, ISKCON.
Enclosure: Resolution of the Bureau along with explanation in respect of Appointment of the Supervisory Committee (totally 5 Pages).
Copy to Chanchalapati Das
Copy to Jai Chaitanya Das
Copy to Stoka Krishna Das
Copy to Chitranga Chaitanya das
Copy to Dayarama Dasa , Chairman of the supervisory Committee
Copy to Temple Notice Board for Full Time Devotees and Staff of Bangalore Branch, Hare krishna Hill. Rajaji Nagar, Bangalore.
[A copy is also being sent to local police officials.]
25th May, 2011
To
Bhima Dasa
General Secretary,
Bureau, ISKCON,
Hare Krishna Land,
Juhu, Mumbai-29
Dear Bhima Prabhu
Dandavats. All Glories to Srila Prabhupada.
Kindly circulate the following proposal along with explanation among the members of the Bureau as per section of IX.F of the Rules and Regulations of ISKCON (F-2179) registered in Mumbai in 1971.
Yours sincerely
Dayaram Dasa
Bureau Member/Trustee
Proposal
In light of the explanation provided at the end of this proposal it is resolved that
1:
"Bureau, in pursuance of the power vested in it by Section VII.I of the "Rules and Regulations" of ISKCON Reg. in Mumbai in 1971 (F - 2179), hereby constitutes a supervisory committee ( hereafter referred to as the said Supervisory Committee) consisting of Sri Dayaram Dasa aka Dinesh Vinayak Kocharekar ( the Chairman), Sri Varadakrishna Dasa, Srimati Radhapriya Devi Dasi aka Srimati S. P. Rajeshwari**, Sri Muralishyam Dasa aka Muthuramalingam & Sri Rajendra Kamatgoudar, in respect of Bangalore Temple/branch situated at Hare Krishna Hill, Chord Road, Rajaji Nagar, Bangalore with the following responsibilities:
a.
To check the system & standard of Deity worship followed by the Bangalore branch.
b.
To check the system of cash handling followed by the Bangalore branch.
c.
To check the system of accounts followed by the Bangalore branch.
d.
In general to take stock of the present situation, happenings, all or any of the aspects of running of the Bangalore branch/temple as may be deemed necessary by the said supervisory committee or as may be directed by the Bureau.
e.
The committee, at the earliest, shall submit a report to the Bureau whether interim or otherwise with recommendations if deemed essential.
2.
Sri Dayarama Dasa (the chairman) has right to add to and/or remove member(s) to the said Supervisory Committee as he deems fit. Further the members of the advisory committee can take help and assistance of or engage any person(s) as may be necessary to carry out the task entrusted to them. Madhu pandit Das is directed to pay expenses, if any, from the funds of the ISKCON Bangalore Temple /branch, if requested by the members of the said Supervisory Committee.
3.
It is made clear that the said Supervisory Committee will not get involved in the day to day management of the said Bangalore branch/Temple but will have all powers & right to access any portion of the premises & part thereof, all the records, all the data bases etc.
4.
Madhu Pandit Das, the Bangalore Branch President, Chanchalapathi Das, the Bangalore branch vice president & other functionaries i.e. Jai Chaitanya Das, Stoka Krishna Das, Amitasana Das, Chitranga Chaitanya Das, Suvyakta Narasimha Das, Rajiv Lochan Das, Satya Gaur Chandra Das, Sridam Krishna Das, Vasudev Keshav Das, etc. are directed to give full cooperation & support to the members of the Supervisory Committee including the following:
a.
Each member of the committee will have separate room in the Guesthouse to stay.
b.
The committee will get suitable place in the administrative block and will set up office with printers, computers, printing papers, tables, chairs, etc. Madhu Pandit Das and others will provide them with whatever things they need immediately upon request.
c.
Madhu Pandit Das and other functionaries are directed to instruct all the full time devotees and staff to furnish all the information to any member of the said Supervisory Committee as per their request. Further the said Supervisory Committee members will have free access to all the full time Devotees & staff and may interview and/or otherwise interact with them as they deem fit. The Supervisory Committee is entitled to get information from all sources and if deemed necessary, hold discussions in private with the staff members, full time devotees, accountants, cashiers, etc. The branch office bearers shall fully cooperate with the members of the said Supervisory committee in this regard.
d.
All the Bangalore branch functionaries shall direct all the full time devotees, staff, suppliers, contractor, workers, etc. to answer any queries the committee members may raise and also furnish full and truthful information as per the request of the members of the said Supervisory Committee by issuing necessary written instruction(s).
5.
The committee is directed to complete the work and report back to the Bureau in 7 days time.
Explanation
1.
On 23rd May 2011 the Division bench of the Hon'ble High Court of Karnataka passed judgment in RFA 421/2011 dismissing the suit OS 7934/01 filed by Stoka Krishna Das, Madhu Pandit Das & ors in the name of ISKCON registered in Bangalore in 1978 by Shankhabhrit Das. The said Judgment also decreed the counter claim of ISKCON (F-2179) registered in Mumbai by Srila Prabhupada in 1971.
2.
The said Judgment inter alia gives the following findings:
a.
The ISKCON Temple functioning at Hare Krishna Hill, Chord Rd., Rajaji Nagar, Bangalore, was always & is a branch of ISKCON (F 2179) registered at Mumbai in 1971.
b.
ISKCON registered by Shankhbhrit Das in 1978 in Bangalore (henceforth Defunct Society) is an illegal and defunct entity & Madhu Pandit Das & other who are claiming to be office bearers of the Defunct Society are the office bearers of the Bangalore branch of ISKCON (F2179) registered in Mumbai and may continue to act in that capacity if ISKCON (F 2179), registered in Mumbai so desires.
c.
Madhu Pandit Das and his associates have fabricated documents and manipulated accounts.
3.
After delivery of the above Judgment Madhu Pandit Das filed an application for stay of the operation of this judgment which was refused by the Division bench of the Hon'ble High Court but the court passed an order restraining ISKCON (F 2179) Reg. in Mumbai from removing Madhu Pandit Das & others from the post of Branch President and other functionaries for the period of 6 weeks to enable Madhu Pandit Das to file SLP. But in the said order it was further clarified that Madhu Pandit Das and others will function only in accordance with bylaws of ISKCON (F 2179) Reg. in Mumbai.
4.
In para 71 (pg. 78) the said Judgment dt. 23rd May, 2011 has held that Madhu Pandit Das and his associates, by taking advantage of similarity in the names of ISKCON (F 2179) Reg. in Mumbai and Defunct Society are falsely claiming the ISKCON Bangalore Temple properties as the Properties of the Defunct Society.
5.
In the circumstances the Bureau is duty bound to act immediately at least to take stock of the present state of affairs at the Bangalore branch and also whether proper systems are in place to protect funds, properties at the Bangalore branch/Temple as well as whether Deity worship and other spiritual activities are carried out in accordance with the instruction(s) of Srila Prabhupada, the Founder of ISKCON (F 2179), Reg. in Mumbai. Hence the proposal.
* The Bureau was created by Srila Prabhupada in 1971 when he registered ISKCON in Mumbai. It is the ultimate legal owner and executive director of ISKCON India. While the International GBC has moral authority, the ISKCON Bureau has legal authority.This fact is not known much outside of ISKCON India.
** A woman is present to protect the men. Why is that you ask? Because in the past when Varada Krsna Dasa went to visit Hare Krsna Hill, he was mercilessly beaten and hospitalized, realizing their mistake of beating him for no reason, Madhu Pandit Dasa through his "fixer" Mr. Ranjit Shankar, hired some prostitutes to falsely claim that Varada Krsna Prabhu had been "Eve teasing" (sexually harassing) some females at the temple and brought false charges against Varada Krsna Prabhu for the same. Varada Krsna Prabhu is still being harassed by these false charges. So to protect them from such false accusation a woman will always be present. It is advisable that anyone going to the HKH temple should be accompanied by a female relative to avoid such harassment from Madhu Pandit dasa.
Please visitwww.ISKCON-BDA.org to find out more details of Madhu Pandit Dasa's frauds
