STATE OF MADRAS Vs. M RAMAKRISHNA NAIDU

JUDGEMENT

(1.) THIS is an appeal against the judgment of Subba Rao J. in W. P. No. 840 of 1951 which was filed under Article 226 of the Constitution for the issue of a writ of certiorari or other appropriate order to quash the order of the Commissioner, madras Hindu Religious and "charitable Endowments dated 19th October 1951 appointing one C. Subramania Chetti as a trustee of Sri Parthasarathiswami devastanam, Triplicane, in the vacancy caused by the expiry of the term of the trustee. Sri V. Ranganadham Chetti. The petitioners are two Thengalai worshippers interested in the said temple.

(2.) SRI Parthasarathiswami temple is a famous and ancient vaishnavite temple in triplicane in Madras city. The administration of the temple has been in accordance with a scheme framed by this Court in C. S. No. 527 of 1924. The scheme inter alia provides that the management, and affairs of the temple shall be carried on by a body of dharmakarthas under the supervision and control of a Board of supervision. The dharmakarthas shall be three in number, of whom one shall be a brahmin, one an Arya Vysia (Komatti) and one a non-brahmin not Arya Vysia. The dharmakartha shall hold office for a period of five years from the date of his appointment. The retiring dharmakartha is however re-eligible for office provided he is at the time of his re-appointment eligible for such office under the other provisions of the scheme. The dharmakarthas shall be elected by persons whose names are included on the date of the election in the list of voters maintained at the temple. The qualifications necessary for a perspn to be registered in the list of voters are that he should be (a) a Vaishnavite of the Tengalai sect, (b) of the male sex, (c) of the age of 21 years or upwards, (d) residence of Triplicane within the Specified boundaries for at least six months immediately preceding the publication of the year's preliminary electoral roll and (e) able to sign his name. The qualifications for being appointed as dhamakartha are also mentioned in the scheme as well as the disqualifications. Elaborate rules for the conduct of the elections are laid down in the scheme.

(3.) THE Madras Hindu Religious and Charitable Endowments Act, 19 of 1951, came into force on 1st October 1951. The period of office of one of the dharmakarthas, namely, Rao Bahadur V. Ranganadham Chetti, expired by efflux of time on 12th october 1951. Under the scheme the vacancy had to be filled up by election. But the Commissioner of the Hindu Religious and Charitable Endowments passed on 19th October 1951 the following order :