1. Under Sec.113 of the Code ot Civil Procedure the Additional District Judge of Bhagalpur has stated a case for the opinion o£ the High Court on the question whether the provisions of Sec. 48 of the Bihar Hindu Religious Trusts Act, 1950 (Bihar Act 1 of 1951), are void and inoperative.

2. Sec. 48 of the Bihar Hindu Religious Trusts, Act, 1950 (Bihar Act 1 of 1951) is in the following terms :

"48. (1) The Board, or with the previous sanction of the Board, any person interested in a religious trust may make an application to the District Judge for an order- (a) removing the trustee of such religious trust, if such trustee (i) acts in a manner prejudicial to the interest of the said trust; or

(ii) defaults on three or more occasions in the payment of any amount payable under any law for the time being in force in respect of the property or income of the said trust or any other statutory charge on such property or income; or

(iii) Defaults on three or more occasions in the payment of any sum payable to any beneficiary under the said trust, or in discharging any other duty imposed upon him under it; or

(iv) is guilty of a breach of trust;

(b) appointing a new trustee;

(c) vesti