Judgement

JAGANNADHADAS, J. : These are five petitions under Art. 32 of the Constitution by the heads of five Maths in the State of Orissa of which four know as Mahiparakash Math, Uttaraparswa Math, Dakshinaparswa Math and Radhakant Math are situated in Puri and the fifth known as Manapur in near Tirtol in Cuttack district.

In all these petitions certain provisions of the Orissa Hindu Religious Endowments of the Orissa Hindu Religious Endowments Act 1951 (Orissa Act 2 of 1952) as amended by the Orissa Act 18 of 1954 are challenged as being unconstitutional and ultra vires. Since the questions raised are mostly common, all the petitions are dealt with by this single judgment.

2. These petitions have a background of previous history of legislation and litigation which it is necessary to set out in order that the questions raised may be properly appreciated. The first statutory interference by the Provincial Legislature with the management of Hindu religious endowments in Orissa was by the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act 4 of 1939) which came into operation on 31-8-1939. This was modelled on a similar Act operating in the Province of Madras at the time.

The validit