SATYABADI MAHAPATRA Vs. LINGARAJ MOHAPATRA AND ORS.

JUDGEMENT

(1.) THIS is an application under Article 226 read with Article 227 of the Constitution by the Petitioner for removal of opposite party No. 1 Lingaraj Mohapatra from the membership of the Trust Board of Barsal Baluokeswar in respect of the deity Sri Baral Balunkeswar Deb in the circumstances hereinafter stated.

(2.) IN a certain proceeding under Section 42 of the Orissa Hindu Religious Endowments Act the Additional Assistant Commissioner of Endowments by his judgment dated September 24, 1964 framed a Scheme by which he gave certain directions for management of the affairs of the said institution in the manner as indicated in the Scheme. Clause 3 of the Scheme is this:

(3.) IT is clear from record that there is party faction in respect of the management of this particular institution in that there are two groups -one group led by one of the members of the Committee and the other by another member. In these circumstances it is necessary that the management of this institution should be left in charge of an independent person who can manage it, efficiently in the interests of the institution.