A SANTHALVA Vs. MANJANNA SHETTY

JUDGEMENT

(1.) The main question raised in this appeal is, no doubt, one of great importance, and, so far as we know, the question in this precise form has never come before the Courts for determination. But as we had the benefit of hearing the question fully argued by Mr. Sundara Aiyar, and as we have made up our minds with regard to it, we do not think any advantage is to be gained by further consideration of the point. The question is : Whether the appointment of a trustee of a temple which is made by two members of a Temple Committee appointed under Section 7 of the Act XX of 1863, there being only two members of the Committee at the time the appointment was made, who had, we may take it, purported to act as the Committee although, in fact, they were only two out of the three originally appointed--whether an appointment in such circumstances is good ? The learned District Judge has held that it is not, and I think that he is right.

(2.) Section 7 of the Act of 1863 provides that "the Local Government," in certain circumstances, is once for all to appoint a Committee to exercise the powers of the Board of Revenue and the local Agents under the Regulations which were repealed by the Act. The section goes on to enact that the Committee shall consist of three or more persons and, subject to an exception, shall perform all the duties imposed on the Board of Revenue and the local Agents.

(3.) Section 10 provides that whenever a vacancy occurs among the members of a Committee so appointed, a new member shall be elected to fill the vacancy by the persons interested. It enacts that the remaining members of the Committee shall, as soon as possible, give public notice of the vacancy and shall fix a day, which shall not be later than three months from the date of the vacancy, for the election of a new member by the persons interested. The section further provides that if a vacancy is not filled up by such election within three months after it has occurred, the Civil Court, on the application of any person whatever, may appoint a person to fill the vacancy, or may order that the vacancy be forthwith filled up by the remaining members of the Committee, and if the order be not complied with, the Civil Court may appoint a member to fill the said vacancy. The effect of these two provisions, therefore, is that the surviving members must act so that the date of the election shall be fixed not later than three months from the date of the vacancy. If they do not so act, their powers of election are gone, and then, unless the Civil Court takes proceedings on the application of somebody and appoints a person, there is no power to fill up the vacancy.