MAHANT NARAYANA DESSJIVARU Vs. STATE OF ANDHRA HYDERABAD

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India by the Mahant, Sri Hathiramji Mutt, Tirupati, for a declaration that the Madras Hindu Religious Endowments Act of 1923, Madras Act I of 1925. Madras Act II of 1927, Madras Act XIX of 1933, Madras Act XIX of 1951 and Andhra Act VII of 1954, in so far as they are inconsistent with the Constitution, are ultra vires and inoperative. In order to appreciate the contentions urged in support of this petition, it is useful to notice the historical background of the case.

(2.) On a range of hills called Tirumali hills, the ancient and the famous shrine of Lord Venkatesh-wara is situate, This was founded in the hoary past and it is not known when exactly it came into existence. Originally the Temple seems to have been under the management of the local rulers for the time being. After the advent of the British, the management was with the East India Company. After the Regulation, VII of 1817, was passed, the administration of all the Temples in the State was vested in the Board of Revenue. The Board used to exercise control over these institutions through the Collectors of the various districts and the local agents. In a dispatch of the year 1841, the Court of Directors issued instructions ordering the immediate withdrawal from all interference on the part of the officers of Government with native temples and places of religious resort. Pursuant to this, the Board of Revenue at Madras made over the management of the temple in 1843, under a sanad, which is marked as Ex. 1 in this case to one Seva Doss, the Head of a Mutt called Hathiramji Mutt, situated at the base of the Hills. Subsequently, the then Government thought it desirable to strip themselves completely of all control over the temples and other religious institutions situate in India. To give effect to this Act XX of 1863 (The Religious Endowments Act) was passed by the Central Government. In accordance with this, the Board of Revenue divested itself of all powers so far as the religious institutions in the State of Madras were concerned, including the temple of Lord Venkateshwara. Unfortunately, the expectations of the Board were not answered so far as this institution was concerned. Ever since Mahants came to be associated with the management of the temple, things were going from bad to worse and the successive Mahants used to indulge in embezzlement, misappropriation, etc., in short, they were making use of the funds of the institution freely for their personal advantage and for the aggrandizement of the Mutt.

(3.) We get glimpses of the condition into which the institution had drifted after it came under the management of the Mahants in Prayag Dossji Varu v. Srirangacharlu Varu, ILR 28 Mad. 319. That Judgment shows that the history of the association of the Mahants with this institution was a record of waste and embezzlement This has led to the filing o a suit by the worshippers interested in the proper management of the institution, and a scheme was framed by the District Court of North Arcot of which Tirumalai and Tirupati formed part. With some changes, the scheme was confirmed by the High Court of Madras in the decision cited above. On appeal, the Privy Council modified the scheme in certain respects. Their Lordships of the Judicial committee quoted with approval a passage in the judgment of the High Count which sets Out the various acts of mis-management and embezzlement of the Mahants and stated that it was indisputable that there was a necessity for the framing of a scheme for the temple in question.