SWAMY PRAKASANANDA Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal by special leave is filed against the judgment dated 10-8-2001 passed by the High Court of Kerala in O.P. No. 19079/1997, wherein the appellants had challenged the constitutional validity of the Sivagiri Mutt Emergency Provisions (Ordinance, 1997 and the Sivagiri Mutt (Emergency Provisions) Act, 1997, (Kerala Act No. 17 of 1997) replacing the said Ordinance.

(2.) Sree Narayana Guru, a great social reformer and saint, founded Sree Narayana Dharma Sanghom at Sivagiri Mutt, Varkala. The said Sanghom consisted of members who followed and believed in the teachings of Sree Narayana Guru. The members of the Sanghom were the monastic order of Sanyasi disciples nominated under the Will executed by Sree Narayana Guru. Certain disputes having arisen in respect of the affairs of the Sanghom, the Kerala High Court formed a scheme for the said Sanghom as per its judgment dated 26-3-1959 in Appeal Suit No. 14 of 1956, arising from O.S. No. 127 of 1954 on the file of the Sub-ordinate Judge, Attingal.

(3.) As per the scheme, all Sanyasins, who were the members of Sree Narayana Dharma Sanghom on the date of coming into force of the scheme, became the members of the Sree Narayana Dharma Sanghom Trust (Trust or Sanghom for short). The scheme requires constitution of a Board from among the members / trustees for the management and administration of the Trust, such Board consisting of not less than 7 and not more than 11 members, all to be elected by and at a special meeting of the General Body. The Board is to hold office for a term of five years. Provision is made for the Board to fill up any vacancies arising in it. The scheme contemplated selection of future members of the Trust from persons having the following qualifications (clause 7) :