RATILAL PANACHAND GANDHI Vs. STATE OF BOMBAY

JUDGEMENT

(1.) These two connected appeals are directed against a common judgment of a Division Bench of the Bombay High Court dated 12-9-1952, by which the learned Judges dismissed two petitions under Art. 226 of the Constitution presented respectively by the appellants in the two appeals.

(2.) The petitioners in both the cases assailed the constitutional validity of the Act known as the Bombay Public Trusts Act, 1950 (Act 29 of 1950) which was passed by the Bombay Legislature with a view to regulate and make better provisions for the administration of the public and religious trusts in the state of Bombay. By a notification dated 30-1-1951 the Act was brought into force on and from 1-3-1951 and its provisions were made applicable to temples, maths and all other trusts, express or constructive, for either a public, religious or charitable purpose or both. The State of Bombay figures as the first respondent in both the appeals and the second respondent is the Charity Commissioner, appointed by the first respondent under S. 3 of the impugned Act to carry out the provisions of the Act throughout the State of Bombay. In one of the appeals, namely, Appeal No. 1 of 1954, the Assistant Charity Commissioner for the region of Baroda has been impleaded as the third respondent.

(3.) The appellant in Appeal No. 1 of 1954 is a Swetamber Murtipujak Jain and a resident of Vejalpur in the district of Punchmahals within the State of Bombay. He is a 'vahivatdar' or manager of a Jain public temple or Derasar situated in the same village and the endowed properties appertainbing to the temple are said to be of the value of Rs. 5 lakhs. The petition, out of which this appeal arises, was filed by the appellant on 29-5-1952 before the High Court of Bombay, in its Appellate Side, against the three respondents mentioned above, praying for the issue of a writ in the nature of mandamus or direction ordering and directing the respondents to forbear from enforcing or taking any steps for the enforcement of the Bombay Public Trusts Act, 1950 or of any of its provisions and particularly the provision relating to registration of public and religious trusts managed by the appellant and payment of contributions levied in respect of the same.