The Supreme Court on Wednesday said that a 2015 order issued by the Andhra Pradesh government, barring non-Hindu vendors from participating in temple shop lease auctions, cannot be enforced as it had already stayed a verdict by the High Court in the matter, Live Law reported.

A bench of Justices Abhay Oka and Justice Ujjal Bhuyan issued the order while disposing of a petition against a tender process that implemented the government order in the state.

The government order from November 9, 2015, had been upheld in September 2019 by the Andhra Pradesh High Court, which had dismissed writ petitions against it contending that it was violative of Articles 14 and 15 of the Constitution.

The 2015 government order had invoked Rule 4(2)(k) and Rule 18 of the 2003 Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Immovable Properties and Other Rights Other than Agricultural Lands Leases and Licenses Rules, Live Law reported. This barred non-Hindus from participating in an auction or obtaining leases within temple properties.

While Article 14 states that all people are equal before the law and should receive equal protection, Article 15 prohibits discrimination based on religion, race, caste, sex or place of birth.

On January 27, 2020, the Supreme Court passed an interim order that stayed the High Court verdict.

At the hearing on Wednesday, the counsel representing the state government told the court that the tenders stated in the petition were wrongly issued and had since been withdrawn, Live Law reported.

Steps were also being taken to instruct the local temple administration to prevent similar incidents in the future, the counsel said.

However, the counsel for the petitioner claimed that authorities continued to include such clauses in the tenders by citing a technicality that the government order itself had not been stayed.

Subsequently, Oka sought assurance from the state that it would not enforce the government order, Live Law reported. In response, the counsel for the state government said that there was “no question” of violating the stay.

The bench then issued a clarification that the government order would not be acted on due to its stay on the High Court verdict.

The Supreme Court has listed a special leave petition against the High Court order on March 4.