KANYAKA PARAMESWARI ANNA SATRAM COMMITTEE Vs. COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPTT

JUDGEMENT

(1.) Though elaborate arguments were addressed by counsel on both sides challenging and defending the appointment of an Executive Officer to the appellant-institution, we are of the view that it is not necessary at this stage to deal with the merits or demerits of the contentions in the view we propose to take in this appeal.

(2.) Briefly stated, the facts are as follows:- The appellant initially challenged the constitutionality of Section 27 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 (hereinafter referred to as the 'Act').

(3.) This Court in Kakinada Annadana Samajam v. Commr. of Hindu Religious and Charitable Endowments, Hyderabad, (1971) 2 SCR 878 , while upholding the validity of Section 27 of the Act, directed that the issue whether the appellant-institution and similarly established institutions are religious denominations within the meaning of Article 26 of the Constitution should be agitated in a proper forum before challenging the vires of Section 27 of the Act. Thereafter, the appellant filed O.S. No. 466/72 before the Sub-Judge, Vijayawada, for a declaration that the provisions of the Act are not applicable to the appellant-institution; that the respondents had no jurisdiction to appoint an Executive Officer to the appellant-institution and for a permanent injunction restraining the respondents from interfering with the administration of the institution. The trial Court by its judgment dated 27-11-76 held that the appellant-institution is a religious denomination. However, the challenge to the appointment of an Executive Officer and the injunction prayed for were refused. Aggrieved by that refusal of injunction, the appellant preferred an appeal to the High Court in A.S. 64/77.