K RAGHAVENDRA NAIK Vs. STATE OF MYSORE

JUDGEMENT

(1.) The validity of S.58(1) of the Madras Hindu Religious and Charitable Endowments Act (Act XIX of 1951) ('the Act') and the correctness of the order made thereunder by the Deputy Commissioner, HR & CE., South Kanara, are the questions for decision in this writ petition under Art.226.

(2.) Briefly stated the facts leading to the petition are these: - The petitioners are the Managing Trustees of Sri Venkataramana Temple, Karkal, South Kanara. It is a religious denominational institution founded by the Gowda Saraswath Brahmin community of Karkala pete and Hobli in the year 1537. The temple has got its own arrangements for the administration of its affairs. Complaining of mismanagement committed by the petitioners in the affairs of the temple, respondents 4 to 9 made an application in the month of July 1971 under Ss.45 and 58 of the Act before the Deputy Commissioner, HR & CE., South Kanara. Therein, they have prayed as follows :

(3.) The said order is challenged on the ground that the Deputy Commissioner has no jurisdiction to order framing of an interim scheme pending application to settle the scheme under Section 58 of the Act. The second contention urged for the petitioners was that S.58(1) is ultra vires of Art.26 of the Constitution. I will take up the second contention first. The validity of several provisions of the Act including S.58, came up for consideration before the Supreme Court in the leading case Commissioner, HR & CE, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt, AIR 1954 SC 282. B. K. Mukherjea, J., speaking for the Court observed at page 294 thus :