PANDIT MATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONERS call in question legality of order passed by the Commissioner of Endowments, Orissa (in short, 'the Commissioner') in a proceeding Under Section 35 of the Orissa Hindu Religious Endowments Act, 1951 (in short, 'the Act') seeking approval of the State Government to disqualify Mahant Sri Brajaraj Ramanuj Das (petitioner No.2) from continuing as hereditary trustee of Sri Pandit Math (petitioner No. 1) for the life - time. and in his place to appoint a Board of Trustees to discharge functions of the trustee. The State Government was to be moved for the purpose of approval in terms of Section 35(2) of the Act.

(2.) ACCORDING to Mr. A. Mukherji. learned counsel for petitioners, the statutory mandate of Section 35(5) of the Act was not kept in view and recruitments of managing a Math in a proper manner does not appear to have been kept in view by the Commissioner. Mr. A.S. Naidu, learned counsel appearing for the Commissioner submitted that the writ application is premature as the recommendation made by the Commissioner is to be approved by the State Government and unless it is so done, the question of challenging the order made by the Commissioner seeking approval does not arise.

(3.) MAIN point canvassed by the petitioners is that even if petitioner No. 2 is to be disqualified in view of nomination made Under Section 39 of the Act the nominated person has to be appointed in place of disqualified trustee. With reference to Sub -section (5) of Section 35 it was urged that due regard has to be given to the claim of the person so nominated. According lo petitioners, successor or the disciple, as the case may be, is to be taken in place of the disqualified trustee.