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2005 Supreme(Bom) 312

A.P.SHAH, S.J.VAZIFDAR
Indira Dattaram Patil – Appellant
Versus
Executive Officer, Shree Siddhi Vinayak Ganpati temple Trust Management Committee – Respondent


Judgment

SHAH A. P. , J.

( 1 ) THIS is a petition filed under Article 226 of the constitution in which the petitioners challenge the constitutional validity of the Shree siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Act, 1980 (Maharashtra act No. VI of 1981), hereinafter for brevitys sake called "the Act". The petitioners are descendants of one Sunder Laxman Patil who was the founder of shree Siddhi Vinayak Ganpati Temple, Prabhadevi, Mumbai. Their main contention is that the Act violates the fundamental rights guaranteed under Articles 25 and 26 of the Constitution to manage their own affairs in the matters of religion. It is also contended that the Act suffers from vice of arbitrariness , and unreasonableness and violates Article 14 of the Constitution. The respondents to this petition are, firstly, Shree Siddhi Vinayak Ganpati Temple trust, a public trust deemed to have been constituted under the Act and the executive Officer of the Management Committee of the said Trust. The State of Maharashtra, which exercises over all control over the first and second respondent is impleaded as third respondent. The fourth respondent is the official Trustee who was the sole trustee of the



















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