K KRISHNANKUTTY Vs. STATE

JUDGEMENT

(1.) Some of the Hindu Members of the Kerala Legislative Assembly challenge "The Travancore-Cochin Hindu Religious Institutions (Amendment) Ordinance, 1984"-in short the Ordinance-under which every Hindu member of the Legislative Assembly of this State who intends to participate in the election of one member to the Travancore Devaswom Board is compelled to file a declaration signed by him "to the effect that he believes in God and professes the Hindu religion".

(2.) The Travancore-Cochin Hindu Religious Institutions Act, 1950 (Act XV of 1950) was enacted to make provision "for the administration, supervision, and control of incorporated and unincorporated Devaswom and other Hindu Religious Endowments and Funds", of the Travancore, Cochin areas. The Act provides for the vesting of the administration of the Devaswoms in Devaswom Boards, one for the Travancore and another for the Cochin areas and the provisions in respect of the two Devaswoms are practically the same. We are here concerned only with Travancore Devaswom Board, in short, the Board. Under S.3 of the Act:

(3.) S.4(1) of the Act, prior to its amendment by the Ordinance read thus:-