Judgement

Appeal from an order of the High Court (September 23, 1913) setting aside an order of the District Judge of Tanjore.

The facts appear fully from the judgment of their Lordships and may be shortly stated as follows. A member of a temple committee instituted under the Religious Endowments Act (XX. of 1863) died in 1912, but the remaining members failed to hold an election by the persons interested within three months as provided by s. 10 of that Act. The section is set out in the judgment. The District Judge of Tanjore upon an application by the respondent made an order under s. 10 that the remaining members of the committee should fill up the vacancy forthwith. They thereupon held an election by the persons interested. The appellant was the sole candidate and received 1745 votes. The remaining members of the committee declared him to be elected and so reported to the District Judge.

In 1913 the appellant and the respondent petitioned the District Court, the former that the appointment might be held valid, and the latter that it might be set aside.

On July 13, 1913, the District Judge declared that the appointment was regular and accepted the appellant as a member of the co