EDURKALA ISHWARA BHAT Vs. RAGHAVESHWARA BHARATHI SWAMIJI

JUDGEMENT

(1.) The petitioners claim to be devotees of Sri.Ramachandrapura Math (hereinafter referred to as 'the Math' for short). The petitioners have filed this petition pro bono publico seeking the following reliefs:

(2.) Facts giving rise to filing of these petitions in nutshell are that the Math was established in 8th Century and was known as Raghottama Math and is involved in propagation of tenets of Sanathan Dharma and Indian Philosophy and is an institution propagating social, religious philosophical and charitable issues. The Math is headed by a Mathadhipathi viz., respondent No.2 who is the head of spiritual fraternity and has to perform religious of a religious teacher. It is his duty to practice and propagate the religious tenets. The affairs of Math / Religious institutions were being regulated by Mysore Religious and Charitable Institutions Act, 1927. The said Act was repealed by Karnataka Hindu Religious Institutions and Charitable Endowments Act , 1997 (hereinafter referred to as 'the 1997 Act' for short). The 1997 Act was enacted in view of long standing public demand to bring about a uniform law to provide for regulation of charitable endowments and Hindu religious institutions in the State. Sec. 1(4) of the 1997 Act which is relevant for the purpose of the controversy involved in this petition is extracted below for the facility of reference:

(3.) Thus, the 1997 Act does not apply to a Math or Temple attached to or managed by Math. The respondent No.1 took over as Matadhipathi of the Math from 18/4/1999. A division bench of this court vide judgment in SRI.SAHASRA LINGESHWARA TEMPLE v. STATE OF KARNATAKA AND ANOTHER ,(2007) 1 KLJ 1. struck down the Act as unconstitutional. Against the said judgment of Division Bench of this court, a Special Leave Petition has been filed before Hon'ble Supreme Court in which judgment rendered by a division bench of this court has been stayed. The Act therefore, has revived.