The term of non-hereditary trustees appointed under Section 15 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 is to be reckoned from the date when they take the oath of office and secrecy, not from the date of their appointment.

A. GANGADHARA RAO, J.

( 1 ) AN interesting question of law is raised in this writ Petition. It is whether the term of non-hereditary trustees appointed by the Deputy commissioner under Sec. 15 of the Andhra Pradesh Charitable and Hindu religious Institutions and Endowments Act, 1966 (hereinafter referred to as the Act ) is to be reckoned from the date of thier appointment or from the date when they take the oath of office and secrecy.

( 2 ) THE petitioners along with two others were appointed as nonhereditary trustees of Sri Udayakaleswaraswami, Venugopala and lakshminaratimhaswami Temples of Gandavaram village in Kovvur Taluk, Nellore district by the Deputy Commissioner, Endowments Department, Kurnool, by his proceedings dated 20th September, 1974 for a period of three years form the date of his order. 2 Under the same proceedings, the Deputy Commissioner also directed the trustees to assemble in the office of the Executive Officer of the temples on 4th October, 1974 to take oath of office and secrecy before they enter upon their office and to elect one amongst themselves as Chairman of the trust Board. The Inspector, Endowments Department, Kovvur was authorised to conduct that meeting. Meanwhile, one Ch. Ramaiab, questioning the appointment of the trustees, filed a revision petition before the commissioner, Endowments Department and obtained interim stay of the orders of the Deputy Commissioner on 3rd October, 1974. Therefore, the trustees could not assemble on 4th October, 1974, take the oath and also elect the chairman of the Trust Board. The petitioners filed a petition before the commissioner to vacate the interim stay, but, since no orders were passed for more than one year they filed a Writ Petition in this Court, and a direction was issued to the Commissioner to dispose of the revision petition. The commissioner dismissed the revision on 9th February, 1976. Thereafter, the Assistant Commissioner called for a meeting of the Trust Board and administered the oath to them only in March, 1976, and they are functioning as trustees since then. While so, the Commissioner called for applications to constitute a fresh Trust Board to the temples from 19th Sept. 1977 that is after counting the three years period of their term from the date of their appointment 20th September, 1974.

( 3 ) IT is contended on behalf of the petitioners that a trustee cannot enter upon his office until the oath is administered to him and therefore, the term of three years has to be reckoned only from the date when the oath was administered to him.

( 4 ) IN order to appreciate this contention, it is necessary to refer to sections IS and 16 of the Act. The Petitioners are appointed as trustees by the Deputy Commissioner under Section 15 (2) of the Act, which provides that the Deputy Commissioner may constitute a Board of Trustees consist ing of not Jess than five and not more than seven persons appointed by him. Subsection (5) of section 15 provides that every trustee appointed under the Act shall hold office for a term of three years unless in the Meanwhile he is removed, dismissed, or has resigned or otherwise ceases to be a trustee. Section 16 (2) provides, that before a trustee enters upon his office, the commissioner or any other person authorised by him in this behalf, shall administer to the trustee the oath of office and secrecy according to the forms prescribed for the purpose.

( 5 ) A reading of these provisions shows that the Assistant commissioner constitutes the Board of Trustees. Every trustee so appointed by him holds office for 8 period of three years. Before a trustee enters upon his offce the Commissioner or any other person authorised by him, shall administer to the trustee the oath of office and secrecy. Therefore, if a trustee does not take the oath he cannot enter upon his office. The oath cannot be taken by himself, but it has to be administered to him by the Commission or some person authorised by him. In these circumstances,

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