S.B.SINHA, J.

1. The petitioner in this application has sought for issuance of a writ of certiorari for quashing the order dated 31-8-1992 passed by Sri Radha Kant Yadav special officer whereby he removed the petitioner as a trustee of Nosetarh Math.

2. The fact of the matter lies in a very narrow compass.

3. The petitioner is said to be a Chela of Mahant Madhaw Goswami who was the previous Mahanth of the Nosetarh Math. The said Mahanth Madhaw Goswami died in July, 1991.

4. A village committee allegedly in a meeting held on 9-7-1989 in that regard appointed the petitioner as a Mahanth of the said Math. A letter dated 24-9-91 to the aforementioned effect was also sent to the respondent No. 2 which is contained in Annexure-2 to the writ application.

5. The petitioner thereafter was appointed a temporary trustee by the Special Officer in terms of S. 33 of the Bihar Hindu Religious Trust Board Act by an order contained in the letter dated 24-9-1991 as contained in Annexure-3 thereof.

6. The respondent No. 4 thereafter filed an application before the respondent No. 2 to declare him as a Mahanth of the said Math. A notice dated 25-5-1992 which is contained in Annexure-5 to the writ petition was issued to the petitioner pursuant thereto. He filed his show cause.

7. By reason of the impugned order dated 31-8-1992 as contained in Annexure-6 to the writ application, the petitioner has been removed as a temporary trustee and in his place the respondent No. 4 has been appointed as a trustee.

8. A counter affidavit has been filed on behalf of the respondents, wherein it has been stated that the Math was founded by Late Acharya Hansh Kabir, a follower of Kabir Math.

9. According to the said respondent the Mahanth of the said Math can be appointed only by the disciples of the late founder of Kabir Math.

10. It has further been contended that there about 1000 different branches of Kabir Math throughout the country under the administration head of Dhanauti Math situated in the district of Siwan and the Mahanth of different branches of Kabir Math are elected by the members of Sadhus and Mahanths of various Maths who are eligible under the bye-laws and the trust deed prepared in the year 1920.

11. It has further been contended that in terms of clause (5) of the said deed a person in order to be eligible to become a Mahanth must be unmarried and renounce the Grihast Ashram for service to the society and the Kabir panthi followers.

12. A copy of the said deed of trust has been annexed and marked as Annexure-A to the counter-affidavit.

13. It has been stated that till 25-5-1991 Mahant Madhav Goswami was the duly elected Mahanth for the Nause Tand Kabir Math.

14. It has been contended that on the death of late Mahanth Madhav Goswami, Mahanth Siya Ram Goswami was duly elected as a Mahanth of Nause Tand Math upon performance of the prescribed religious ceremony on 9-6-1991.

15. According to the petitioner Motilal Yadav alias Moti Lal Singh son of Manglal Singh who had an evil eye on the trust properties and having criminal background along with his muscle men got a letter prepared in the name of Chief Minister, Bihar and got his name recommended through the member of Parliament Tej Narain Singh and the said letter was forwarded to the Special Officer, Bihar State Board of Religious Trust for recognising him as a Mahanth of the Nause Tand Kabir Math. A copy of the said letter is contended in Annexure-B to the counter-affidavit.

16. It has further been stated that one Ramji Keshri who is politician in connivance with the petitioner falsely prepared proceedings of the meeting showing names of several persons including those who were dead and forwarded the same to the Special Officer.

17. It has been contended that the / >Special Officer on the basis of the said forged minutes and without making any enquiry as contemplated under S. 33 of the Act issued the said letter dated 24-9-1991. It has been stated that thereafter the petitioner forciably di