Balakrishna Eradi, J.:-

Kerala is justly famous for its numerous temples, churches, mosques and synagogues which exist side by side in perfect amity and mutual respect, catering to the spiritual needs of all sections of people belonging to different religious persuasions. Foremost amongst the Hindu Shrines in the State is the Sreekrishna Temple at Guruvayoor to which there is an incessant flow of many thousands of pilgrims from all parts of India throughout the year.

2. In 1971 the Kerala State Legislature enacted the Guruvayoor Devaswom Act, 1971 (Act 6 of 1971), hereinafter called the Act, avowedly to make provision for the proper administration of the Guruvayoor Devaswom. The petitioner, a Hindu, claiming to be a worshipper of the Guruvayoor Temple has filed this petition both in his individual capacity as well as in his capacity as the President of the Malabar Pradesh Kshethra Samrakshana Samithi which is a society registered under Societies Registration Act and having as its objects inter alia the reconstruction and renovation of Hindu temples which are in ruins, the adoption of necessary measures to ensure that temples are managed properly and administered correctly and the reorganisation and rejuvenation of Hindu society so as to enthuse in them proper interest in temple worship, rites and rituals. Permission has also been granted to the petitioner by this Court under Order I Rule 8 of the Code of Civil Procedure to institute and maintain this writ petition in a representative capacity on behalf of the entire denomination consisting of the large section of the Hindu public having faith in temple worship and who are vitally interested in seeing that the affairs of the temple are administered in accordance with its customs and traditions and that its properties and funds are not diverted for purposes unconnected with the temple or with Hindu religious practices. The reliefs prayed for in the writ petition are that this Court should declare the Act and the Guruvayoor Devaswom (Amendment) Act, 1972 (Act 28 of 1972) and more particularly Ss.3, 4, 5(3)(a ), 5 (5), o,11,14,18, 20, 24 (3) (f>. 25 and 32 (1) of the Act and Ss.2, 3 and 4 of Act 28 of 1972 as unconstitutional and void on the ground of contravention of articles 14 and 26 of the Constitution of India. There is also a prayer in the Original Petition that Resolution No. 31 of the Guruvayoor Devaswom Managing Committee (1st respondent) constituted under S.3 of the Act-Ext. PI-resolving to grant a donation of Rs. 50, 000/-from the temple funds to the "one lakh housing scheme' of the State Government is illegal and invalid. A further relief sought in the writ petition is that this Court should declare that the Renovation Executive Committee constituted or recognised under S.32 of the Act is an illegally constituted body and that it has no legal authority to perform any acts in relation to the temple.

3. Before we proceed to set out in detail the contentions put forward by the petitioner in support of his challenge against the provisions of the enactments it will be convenient to narrate in brief the prior history relating to the administration of the Guruvayoor Temple. It is admitted on all sides that the Ooraima right over the Temple was hereditarily vested jointly in the Zamorin Raja of Calicut and Karanavan for the time being of the Mallisseri Illom at Guruvayoor. This fact is expressly recognised and specifically mentioned in the preamble to the Act. That the Ooraimaship was vested jointly in the Zamorin Raja and the Karanayan of the Mallisseri Illam had also been declared by the Madras High Court in its judgment dated 1st November, 1889 in Appeal No. 35 of 1887. In the year 1926 the Madras Legislature passed the Madras Hindu Religious Endowments Act and it came into force on the 8th February, 1927. Shortly thereafter some of the worshippers of the temple filed a petition before the Hindu Religious Endowments Board constituted under the said Act complaining