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1962 Supreme(SC) 383

B. P. SINHA, K. C. DAS GUPTA, P. B. GAJENDRAGADKAR, K. N. WANCHOO, J. C. SHAH
Sudhindra Thirtha Swamiar – Appellant
Versus
Commissioner For Hindu Religious And Charitable Endowments, Mysore – Respondent


Advocates:
A.RANGANADHAM CHETTY, A.V.RANGAM, A.V.VISHWANATHA SASTRI, B.R.L.Iyengar, G.GOPALAKRISHNAN, G.S.PATHAK, GAGRAT JANEDRA LAL, M.S.K.Shastri, P.D.MENON, PURSHOTTAM TRIKAMDAS, R.Ganapathy Iyer

Judgment

SHAH, J. : In this group of appeals certified by the High Court of Madras under Art. 132(1) of the Constitution the validity of Ss 52(1)(f), 55, 76(1) and (2), 80, 81 and 82 of the Madras Hindu Religious Endowments Act XIX of 1951 as amended by Act XXVII of 1954 is impugned.

2. At Udipi in the South Kanara District there are eight Maths which are reputed to be founded by Shree Madhvacharya, an exponent of the dualistic philosophy. Each of these Maths is presided over by a Madadhipati Swami who is invariably a Brahmin Sanyasin. There exists another Math known as Shri Krishna Devaru Math of which the administration is carried on according to longstanding usage by the Swamis of the eight Maths in turn, each Swami administering for two years. There is also the Sri Kanchi Karnakoti Peetam math of which Shree Sankaracharya Swarnigai is the presiding head.

3. These ten appeals are directed against orders passed by the High Court of Madras refusing to declare the provisions aforesaid ultra vires the State Legislature.

4. In order to ensure proper management of Hindu religious endowments the Provincial Legislature of Madras enacted the Hindu Religious Endowments Act, II of 1927. The A











































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