Order

Civil Appeal No. 1340/86 :

Though elaborate arguments were addressed by counsel on both sides challenging and defending the appointment of an Executive Officer to the appellant-institution, we are of the view that it is not necessary at this stage to deal with the merits or demerits of the contentions in the view we propose to take in this appeal.

2. Briefly stated, the facts are as follows:-

The appellant initially challenged the constitutionally of Section 27 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 (herein­after referred to as the ‘Act’).

2.1. This Court in Kakinada Annadana Samajam, etc. v. Commissioner of Hindu Religious & Charitable Endowments, Hyderabad & Ors.1, while upholding the validity of Section 27 of the Act, directed that the issue whether the appellant-institution and similarly established institutions are religious denominations within the meaning of Article 26 of the Constitution should be agitated in a proper forum before challenging the vires of Section 27 of the Act. Thereafter, the appel­lant filed O.S. No. 466/72 before the Sub-Judge, Vijyawada, for a declaration that the provisions of the Act are not applica