The Guyana Sevashram Sangha and its trustees have moved to the courts seeking to remove a former Swami from the Hindu organisation’s Cove and John location where he continues to live although he was expelled from the monastic order.
Swami Shivashankarananda, according to the court documents is “squatting and trespassing on the property without permission, consent, lease or licence”. He is presently occupying the living quarters and was told that he would be transferred to the Los Angeles, USA location following a series of allegations against him. He had not complied with the instructions given and was subsequently dismissed from the monastic order.
In court documents seen by this newspaper, Guyana Sevashram Sangha along with Saisnarine Kowlessar, Tarachand Balgobin and Nowrang Persaud are asking the court to give them possession of the land and building at Cove and John and are also seeking an injunction restraining the Swami from remaining, re-entering or occupying the property.
The matter comes up for hearing on October 17, 2016.
In the statement of claim, the plaintiffs said that Guyana Sevashram Sangha is a body corporate and Friendly Society duly registered under and in accordance with the Friendly Societies Act, Cap 36:04 with registration number 1443 and is a non-profit, religious, social, cultural, charitable and educational organisation created to promote Hinduism in particular, and service to humanity in general.
It was explained that the Guyana Sevashram Sangha is the lessee of 18.399 acres of land at Plantation Cove and John for a term of 999 years. The entity is a local branch of the parent body, the Bharat Sevashram Sangha, located in Kolkata, India.
On the land, an Ashram; a school; a dormitory for students and living quarters for religious officials were erected.
The defendant, the court documents stated is a former swami who performed religious functions and administrative functions for the Guyana Sevashram Sangha before being banished from the Monastic Order of the Bharat Sevashram Sangha.
The defendant resides in living quarters owned by the Plaintiff, the court documents asserted.
Prior to its registration as a Friendly Society under the Friend Society Act the Guyana Sevashram Sangha was an unincorporated body established in 1956; its Trustees were incorporated by the provisions of the British Guiana Sevashram Sangha (Incorporation of Trustees) Ordinance 1956.
From 1956, it was explained that the organisation was managed by Trustees under the aforesaid Ordinance. However, over the last sixty years as these original Trustees began to grow older, they became less and less active and the management responsibilities of this organisation were largely carried out by the Swami in charge who was assisted by an ad hoc body of persons which functioned as an Executive Committee.
None of the original Trustees are alive.
The affidavit stated that following the death of the Swami Vidyananda Maharaj (the last Swami in charge), the defendant assumed responsibilities as the Swami in charge and was assisted by an ad hoc body of persons, which functioned as an Executive Committee.
However, during and before his tenure as the Swami in charge, the court documents said that numerous complaints were made against the defendant.
As a result of this, the document said Swami Bahajananada and Swami Shiveshwarananda along with members of Executive Committee of the Ashram, held a series of private discussions with the defendant concerning the aforesaid allegations of misbehaviour.
The court documents said that “in the best interest of ensuring unity in the management of the Ashram, a decision was taken to establish a new Executive Management Committee which included the defendant, to work closely together and, of course that the defendant would reform himself”.
It was stated that these efforts did not bear fruit and to complicate and aggravate matters, the defendant “orchestrated the registration of a Trust Deed; imposing a new management team upon the Ashram without any consultation”.
It was as a result of this that the Bharat Sevashram Sangha, India, on the 14th day of March, 2016 wrote to the defendant informing him of the complaints that had been received about him; that he has registered an alien Constitution; that he must deregister the said Constitution and he must work with the new Swami for the finalization of a new Constitution. The letter further informed the defendant that failure to heed the instructions of the parent body, the Bharat Sevashram Sangha would result in disciplinary action being taken against him.
“This letter bore no fruits, as a result, the Bharat Sevashram Sangha, sent a second letter dated the 24th day of March, 2016 to the Defendant, informing him that from reports received, his behaviour had gotten worse and he was summoned to the head office before the 27th April, 2016”, the documents said. Again, the defendant was informed that his failure to comply would result in severe disciplinary action.
A third letter dated the 27th day of May, 2016 was sent to him. It did not yield any positive response and another latter dated 7th June, 2016 was penned. That missive stated that the defendant had been given numerous opportunities to be heard but had failed to avail himself of the opportunities.
“Notwithstanding, despite being dismissed from the monastic order and being commanded to hand over all monies, records, keys and any other property belonging to the Fourth Named Plaintiff to Swami Shiveshwarananda; the Defendant has refused and has remained in the living quarters provided by the Plaintiff”, the document said.
The plaintiffs has since made numerous requests to the defendant to vacate the said property which has been futile, the court documents averred.
