ARCOT N VEERASWAMI Vs. M G RAMACHANDRAN

JUDGEMENT

(1.) This is a petition filed under Article 226 of the Constitution of India questioning the constitutional validity of the various Ordinances and Acts taking over the management of the Pachaiyappa's Charities. This petition has been filed as a public interest litigation by a person claiming to be service minded by nature. He was himself a member of the Pachayappa's Trust Board during the period from 1972 to 1977 and is stated to be holding a high position in a leading opposition party in Tamil Nadu.

(2.) The facts leading to the filing of this petition are as follows :- The Pachaiyappa's Charities is a trust created by a Philanthropic individual by name Pachaiyappa Mudaliar. The Pachaiyappa's Trust (hereinafter referred to as the Trust) owns extensive immoveable properties both urban and agricultural lands, residential buildings and various other assets, the total value of which is estimated to be of the order of Rs. 150/- crores and above. The objects of the trust comprise the performance of various religious charitable and educational activities in terms of the will of Pachaiyappa Mudaliar. The performance of the various religious and charitable activities was governed by the various decrees of the then Supreme Court at Madras and the High Court of Judicature at Madras. The first scheme decree is dated 3-2-1826 which was amended by decree dated 23-10-1832 and again amended by a decree dated 30-10-1832. The fourth decree is dated 6-8-1841. All these decrees were made at the instance of the then Advocate General, Madras. On 12-2-1909, the High Court of Judicature at Madras framed a new scheme for the management of the Pachaiyappa's Charities (hereinafter referred to as the Scheme or the Scheme framed by the High Court). The Scheme provided for the constitution of a Board of Trustees in whom the properties shall vest, and their qualifications. The relevant provision relating to the Board of Trustees is contained in clause the of the Scheme which reads as follows : 11. "THE BOARD OF TRUSTEES : (1) Qualifications of Trustees : No person shall be eligible to be a Trustee unless he is a Hindu and unless he had paid for the year preceding that in which the election takes place Municipal taxes under the Madras Municipal Act IV of 1919 and due in respect of such year to the aggregate amount of not less than one hundred rupees. No one who is on the staff of any institution under the management of the Board of Trustees shall be eligible to be elected or nominated as a Trustee. Constitution of the Board : The Board of Trustees shall consist of nine members who shall be appointed in manner following :- Two to be elected by the Hindu members of the Senate of the University of Madras. Three to be elected by the Graduates of Pachaiyappa's Colleges of not less than ten years standing. One to be elected by the Pachaiyappa's College Council hereinafter referred to. Two to be elected by the Hindu Councilors of the Corporation of Madras. One to be nominated by the Board of Trustees, provided that the nomination by the Board shall be made in such a manner as not to result in giving Brahmins, Vaisyas or any principal sub-division of the Sudhra community more than 4 seats on the Board.

(3.) The other clauses in the Scheme give detailed directions relating to the performance of the various charities, and establishment and maintenance of educational institutions, and also provide for auditing and annual inspections. This Scheme came into force with effect from 1-4-1909. This was amended by the High Court subsequently on 19-7-1920 and 14-12-1920 and again on 16-7-1963.