CHANDRASHEKAR AND OTHERS Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THIS appeal is filed by the Members of Managing Committee of Sri Hanuman Temple situate at Shahapur District, Yadgir as per order dated 28.9.2012 - annexure A. By the impugned order dated 26.8.2013 passed by the Commissioner, the Committee has been cancelled. Aggrieved the appellants/Members are seeking to quash the order at Annexure -B. According to the appellants, they were appointed as Members of the Managing Committee and are working as such. However, so far as dissolution of the committee is concerned, the same is subject to the provisions of Section 28 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 (hereinafter referred to as 'the Act' for short). It is the case of the appellants that by the impugned order, the respondent -authority has dissolved the committee appointing the Tahsildar as Administrator in violation of provisions of the Act and accordingly, sought for quashing the same.

(2.) AFTER hearing the learned counsel appearing for the parties, the substantial question of law that arises for consideration is when the appointment is under Section 25 of the Act, in the absence of requirement of Sections 28 and 29 of the Act, without issuing notice even before the expiry of the term, whether the State is justified in reconstituting the Committee by dissolving the earlier committee constituted.