KAMAL SINGH BADALIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the five petitioners belong to the community of the Swetamber Jains. In this writ application they have questioned the validity of the constitution of the Fourth Bihar State Board of Swetamber Jain Religious Trusts and have made a prayer for quashing the notices as contained in Annexures 1, 2 and 3 to the writ application.

(2.) In order to appreciate and decide the points in controversy, it is necessary to state a few facts and to refer to the relevant provisions of law.

(3.) In the State of Bihar there are a number of public religious trusts belonging to the Swetamber Jains including pawapuri Group of Temples and Rajgrih Group of Temples. The properties of the Swetamber Jain religious trusts and the right to administer the same vest in the Shree Sangha. To provide for the better administration of Hindu Religious Trusts and for the protection and preservation of properties appertaining to such trusts, the Bihar Hindu Religious Trusts Act, 1950 (hereinafter to be called "the Act") was enacted with the assent of the President and was published in the Bihar Gazette Extraordinary of the 21st February, 1951. As provided under Section 5 (2) of the Act, the First Bihar State Board of Swetambar Jain Religious Trusts was constituted. The President and members of the first Board were appointed by the State Government in exercise of the powers conferred under Section 7 of the Act. The second and the sub-sequent Boards were to be constituted in accordance with the provisions as contained in Section 8 (2) of the Act. which, as originally stood, read as follows: