#1
. . . because Ramabhadra Das and the ex-members of the Bharati Center board lack the legal authority to seek court approval of the temple sale and move forward with their petition after being properly removed from their positions by actions of ISKCON’s Governing Body Commission (GBC).
#2
. . . because the proposed temple sale does not promote the interests of ISKCON Bharati Center members. Its approval would deny congregants a proper place of assembly and place of worship for an indeterminate time. The removed Bharati Center board members have failed to established any credible timeline for moving from the present permanent temple on Schermerhorn Street, Brooklyn to an adequate temporary facility and from there to any acceptable permanent place.
#3
. . . because the proposed temple sale would violate the “Declaration of Will” of Srila Prabhupada, ISKCON’s Founder-Acharya, the instructions of which define the very purposes of the Hare Krishna temple in Brooklyn and the interests of its congregation.
#4
. . . because an unprecedented number of members of ISKCON Bharati Center’s religious community and other interested parties have voiced strong opposition to the proposed temple sale. The controversy and continuing resistance to the sale of ISKCON Radha-Govinda Temple a/k/a/ Bharati Center have seriously weakened and divided Bharati Center’s religious community. As a result, the proposed sale threatens the cohesion of that community and would adversely impact the interests of Bharati Center’s members.
#5
. . . because trading an established location for a mere speculative prospect would place the maintenance, service and worship of Sri Sri Radha-Govinda in jeopardy.
#6
. . . because the proposed sale would require the needless removal and relocation of the Radha-Govinda Deity or arca-vigraha on no less than two separate occasions. The first purpose set forth in Bharati’s Bylaws specifies that the service of the Deity “is to be performed in accordance with the teachings and instructions of His Divine Grace A. C. Bhaktivedanta Swami Prabhupada, Founder-Acharya of the International Society for Krishna Consciousness.” Needlessly moving Sri Sri Radha Govinda even once – to say nothing of twice – would contravene those teachings and instructions, as authoritatively explained by ISKCON Founder-Acharya HDG A.C. Bhaktivedanta Swami Prabhupada himself in a letter dated August 21, 1975 to Rupanuga Das: “Regarding the Washington temple, why are you selling the present building? Why are you changing it? We are not businessmen that we sell for profit and then move the Deity. . . . Regarding your questions, no, the large Deity can never be moved, not at all.”
#7
. . . because the proposed sale would impair ISKCON Bharati Center’s prospects for effectively carrying out its own purposes set forth in its own Bylaws, that is to say, “to expand the glorification of the Deity by preaching Krishna consciousness through the distribution of literature, holding of public festivals and cultural exhibitions, distribution of spiritual foodstuffs (prasadam), and by other means deemed necessary.” Bharati Center’s present location in the heart of a spectacularly revitalized Downtown Brooklyn is ideal for achieving these goals.
#8
. . . because the proposed sale ignores the fact that the real property belonging to Bharati Center was purchased and maintained with funds provided by ISKCON. As a matter of law and based on the prior course of dealings, Bharati Center’s real property, regardless of its Bharati Center appellation, is restricted to use as an ISKCON house of worship and cannot be sold or transferred without the consent of the GBC.
#9
. . . because ISKCON Bharati Center’s ex-president Ramabhadra Das and his former board members owed a fiduciary duty of care to ISKCON Radha-Govinda Temple a/k/a Bharati Center, which they have egregiously breached. The misconduct of Ramabhadra Das and the removed board members constituted a violation of applicable laws and a breach of their fiduciary duty of care to Bharati Center, thereby disqualifying them from seeking to sell Bharati Center’s main asset.
#10
. . . because ISKCON Bharati Center’s ex-president Ramabhadra Das and the ex-members of the Bharati Center board owed a fiduciary duty of loyalty to the temple but put their own interests above those of the temple. Their misconduct constituted a violation of applicable laws and a breach of their fiduciary duty of loyalty to Bharati Center, thereby disqualifying them from seeking to sell Bharati Center’s main asset.
#11
. . . because the “plan” to sell the temple contains nothing substantial or specific in the way of locations, budgets, timelines, personnel, or a strategic plan. What ISKCON Bharati Center ex-president Ramabhadra Das and his former board members have proposed is not a plan but a notion. Launching the pursuit of such a notion by selling the religious property without a detailed and well-defined plan would put the purposes of ISKCON Bharati Center at high risk and put the interests of the congregation in peril.
#12
. . . because there are numerous issues of fact which cannot be resolved without holding an evidentiary hearing. In fact, the New York State Office of the Attorney General stated as much when it requested ‘that the Court consider appropriate evidentiary proceedings concerning this proposed sale.”