G SUBBARAYALOO Vs. RANGANATHA MUDALIAR

JUDGEMENT

(1.) The question raised is an important one, namely, whether the plaintiffs are not eligible to vote in the election of the dharmakarthas of the Sri Parthasarathy Swami Temple, Triplicane, Madras, by reason of their being members (to use an expression in vogue) of an "untouchable caste". Mr. Ramappa, the City Civil Judge, has declared in their favour, but on appeal his judgment has been reversed by Pandrang Row, J. The two judgments reveal, in sharp contrast, two widely differing modes of approach to the problem and its treatment.

(2.) A scheme of administration was framed for this temple by a Special Bench of the High Court in 1925. Clause 2 provides that the management shall be carried on by the dharmakarthas under the supervision and control of a Board of Supervision. Clause 6 says that the dharmakarthas and the members of the Board shall be elected in the manner hereafter appearing. Clause 7 prescribes that every person shall be entitled to vote at any such election, whose name stands registered in the list of voters. Then follows Clause 8, the one which directly concerns us, which sets out the qualifications of persons entitled to have their names registered in that list.

(3.) They are- (a) they must be Vaishnavas of the Thengalai sect, (b) of the male sex, (c) of the age of 21 years or upwards, (d) resident in Triplicane (that part of the city where the temple is situate) for a period which has been specified, (e) able to sign their names, (f) who have made a payment of a certain specified fee.