SURENDRA NATH Vs. DANDISWAMI JAGANNATH ASRAM

JUDGEMENT

(1.) The petitioners are two of the persons who filed on 31-8-1935 a suit under Section 92, C. P. C. for removal of Triloke Chan-dra Giri from the 'Mohuntship of the Bhotbagan and Amdanga 'Maths,' for appointment of a fit and proper person as 'Mohunt' of these 'Maths', for the framing of a scheme for the proper management of the 'Maths' and for several other reliefs. A decree was passed in that suit on 30-9-1942 by which Triloke Giri was removed from the 'Mohuntship' and two new 'mohunts for the two 'Maths' were ordered to be appointed in subsequent proceedings. This decree having been since confirmed by this Court, in appeal the learned District Judge took up the matter of selection of persons for appointment as 'mohunt' on 10-12-1951 and passed the following order:

(2.) The nominees expressed their Willingness to act as 'mohunts' of the two 'maths' in writing.

(3.) The learned District Judge however instead of accepting the nomination straight-off decided to publish the names of nominees in newspapers and invited objections. Several objections were received and the learned District Judge considered all of them. One objection was that the nominees were set up by the machination of one Sri Kamalakhya Choudhury, Private Secretary to the 'Mohunt' Maharaj of Tarakeswar. Another objector contended that the correct procedure had not been followed. A third objection was that the nominee Dandiswami Dibyashram was not a 'Sannyasi' of the Dashnami sect and being still a 'dandi' was not qualified as a 'mohunt' of the 'Math'.