DIGYADARSAN RAJENDRA RAMDASSJIVARU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition under Article 32 of the Constitution challenging inter alia, the constitutionality of Ss. 46 and 47 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 (Act No. 17 of 1966), hereinafter called the "Act" and for issuance of a writ in the nature of mandamus or other appropriate writs and directions to the Commissioner of Hindu Religious and Charitable Endowments, hereinafter called the "Commissioner", prohibiting him from exercising his powers or taking action under the aforesaid sections.

(2.) The petitioner claims to be the Mathadhipathi of Shri Swami Hathiramji Math Tripathi-Thirumalla in the State of Andhra Pradesh. It is stated that this institution was founded several centuries ago and is one of the renowned Maths in India. Hundreds of Sadhus visit the Math throughout the year and it is the duty of the Mahant as its religious head to provide the visiting Sadhus with food and shelter and to perform all religious duties with regard to the celebration of Hindu festivals, propagation of the cult of Shri Swami Hathiramji and performance of other religious functions. It is alleged that Mahant Chettandoss, the previous incumbent died on March 18, 1962. On March 24, 1962 the Commissioner took charge of the Math and its properties under Section 53 of the Andhra Pradesh (Andhra Areas) Hindu Religious and Charitable Endowments Act, 1951, (Act No. 19 of 1951), hereinafter referred to as the "Repealed Act". The petitioner filed a suit on March 26, 1962 in the court of the Subordinate Judge, Chittoor for a declaration that he was the rightful successor. The Commissioner was impleaded as a party to the suit. He also filed a revisional application under Section 92 of the Repealed Act to the State Government. The Government disposed of the revisional application on June 5, 1962. It appointed the petitioner as the interim Mahant subject to certain conditions which need not be mentioned. Before this order was made the petitioner withdrew the suit filed by him in April 1962. Devendradoss, who was another claimant but who was a minor, filed a writ petition in the High Court challenging the above order of the Government but the same was rejected by the Division Bench. Devendradoss then filed certain suits for a declaration of his title. On August 22, 1964, the Commissioner made an order directing the petitioner to show cause why the previous order appointing him as an interim Mahant be not recalled. According to the petitioner this was done because the State Government started claiming, contrary to the rule and custom which prevailed in the Math, that the amounts received on account of Padakanukas (personal offerings) should be paid to the Government and not taken by the Mahant. This order was challenged by the petitioner by means of a writ petition in the High Court. The High Court issued a stay order which was later on clarified to mean that the State Government was free to take such further action under the Act as it considered necessary. On September 9, 1965 the State Government framed charges against the petitioner and directed him to furnish his explanation. The petitioner was placed under suspension with immediate effect. It was further directed that the Assistant Commissioner, Tirupathi should take charge of the Math and its affairs. Meanwhile another claimant Bhagwantdoss filed a suit on September 29, 1965, claiming title to the gaddi in his own right. The writ petition which had been filed by the petitioner was allowed by the High Court on November 8, 1966. The matter ultimately came up in appeal to this Court, the judgment being reported in Secretary, Home (Endowments), Andhra Pradesh vs. Digyadarsam Rajindra Ram Dasjee, (1967) 3 SCR 891 . The judgment of the High Court was affirmed. The High Court had held that the petitioner had succeeded to the office of the Mahant on the death of Chetandoss on March 18, 1962 in his own right. This Court concurred in that view and observed that the mere circumstance that the Government had also passed an order appointing him as the interim Mahant could not take away his right to function as a trustee on the basis of his original right. It followed that the Government had no jurisdiction to pass an order placing him under suspension as that virtually amounted to a removal of the trustee of the Math which could only be done in the manner provided by Section 52 of the Repealed Act.

(3.) The Act received the assent of the President on December 6, 1966 and was enforced with effect from January 27, 1967. On May 30, 1967 the petitioner filed a petition under Article 226 of the Constitution in the High Court for declaring the present impugned provisions of the Act as ultra vires. That petition was dismissed in limine as premature. An appeal to the Letters Patent Bench failed. On coming to know that certain orders were going to be passed against the petitioner whereby charges on various matters were to be preferred and an inquiry made and that the suspension of the petitioner from Mahaniship was going to be ordered, the present petition was filed under Article 32 of the Constitution in October 1968. In this petition, apart, from challenging the provisions of the Act a case of mala fide action has been sought to be made out against the respondent. In the order which was made by the Government on November 18, 1968, as many as 14 charges have been preferred against the petitioner and his suspension has been duly ordered. The Assistant Commissioner, Endowments Department has been directed to attend to the day-to-day administration of the Math temporarily and its Endowments until the disposal of the inquiry.