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C.A.VAIDIALINGAM, M.HIDAYATULLAH
Secretary, Home (Endowments) Department, Govt. of A. P. – Appellant
Versus
Digyadarsan Rajendra Ram Dasjee Varu – Respondent
What are the conditions for the Assistant Commissioner to assume management of a Math under Section 53(1) of the Madras Hindu Religious and Charitable Endowments Act, 1951?
Key Points: - Dispute arose over succession to Mahant of Sri Swami Hathiramji Math after Prayag Dossji's death in 1947, leading to a Panchayat Agreement on October 29, 1947, and later compromise on July 15, 1961, after which respondent succeeded Chetam Doss on March 18, 1962 (!) [1000131770001][1000131770002] - Assistant Commissioner assumed charge of Math on March 24, 1962, under Section 53 due to reported dispute, prompting respondent's writ petition challenging jurisdiction [1000131770002][1000131770006] - High Court held respondent succeeded as Mahant on March 18, 1962, per agreements, creating no vacancy in trustee office, thus no jurisdiction under Section 53 (!) [1000131770008][1000131770012] - Section 53(1) requires both (a) vacancy in trustee office of Math and (b) dispute over succession for Assistant Commissioner to act; here, no vacancy as respondent succeeded (!) (!) (!) [1000131770011][1000131770022] - Supreme Court upheld High Court, dismissing appeal, ruling government's suspension order invalid as respondent held office in own right, not solely by government appointment [1000131770014] (!) (!)
Judgement
VAIDIALINGAM, J.:- This appeal, by certificate, is directed against the order of the Andhra Pradesh High Court, allowing a writ petition, filed by the respondent, under Article 226 of the Constitution.
2. The facts leading up to the filing of the Writ Petition, by the respondent, may be briefly indicated. In respect of Sri Swami Hathiramji Math, Tirumalai, Tirupati, disputes arose regarding the succession to the office of the Mahant of the Math, after the death, in 1947 of the then Mahant, Prayag Dossji. An agreement seems to have been arrived at, on October 29, 1947, laying down the procedure for choosing a successor to the office of the Mahant, when a vacancy arises. The Akada Panchayat appears to have been constituted the Supreme authority, in such matters. That agreement also provided, as to who, among the respondent, and one Chetam Doss, was to succeed to the office of the Mahant, on the death of one Narayan Doss. Narayan Doss died on December 9, 1958, and Chetam Doss succeeded as Mahant. The respondent filed O. S. 84 of 1958, in the Subordinate Judge s Court, Chittoor, for a declaration that he is entitled to succeed to the office of Mahant. The suit was resisted by
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