BHANDARI, J.—The three Writ Petitions referred to above seek to challenge the vires of the Nathdwara Temple Act (Act No. 13 of 1959) (hereinafter called the Act) passed by the Rajasthan State Legislature. This Act received the assent of the President on the 28th of March 1959.

2. Writ Petition No. 90 of 1951 has been filed by Shri Tilkayat Govindlalji Maharaj of Nathdwara (hereinafter called the Tilkayat).

3. Writ Petition No. 310 of 1959 has been filed by Triyambak Lal and nine others who are the followers of the Vallabh Sampradaya and are hereinafter called the Vaishnavas.

4. The third Writ Petition No. 420 of 1960 has been filed by Goswami Shri Ghanshiamlal, head of the shrine of the Vallabh Sampradaya at Kamban (District Bharatpur), The respondents to all these Writ Petitions are the State of Rajasthan and the members of the Temple Board constituted under the Act and the executive Officer of the Board appointed under the Act.

5. Before we refer to the contentions of the petitioners in these Writ Petitions, it is both necessary and convenient to refer to the historical background of the Temple of Shrinathji at Nathdwara and also to the circumstances under which the impugned Act was passed. This Temple is of the denomination known as Pushti Margiya Vaishnav Sampradaya, more popularly known as Vallabh Sampradaya (hereinafter for the sake of brevity called the Sampradaya). This Sampradaya was founded by Shri Vallabhcharya, who, according to Dr. Bhandarkar, was born in 1479 A.D. According to some other authorities, he was born in 1473 A.D. He belonged to a Brahmin family of Andhra. As a boy, he was extraordinarily intelligent and soon acquired deep knowledge of Hindu Philosophy. He preached the gospel of divine grace which, according to him, could only be acquired by whole-hearted devotion to the service of Lord Krishna. According to the traditions of the Sampradaya Lord Krishna manifested himself in the form of an image called swaroop in the hills of Girraj Vrij near Mathura and this idol was installed by Shri Vallabhacharya in a Temple built by a rich merchant Pooranmal. The tradition is that it is this idol which is installed at present in the temple of Nathdwara and is known as Shri Shrinathji. Shri Vallabhacharya was succeeded by his son Shri Vithalnath, who was the illustrious son of his illustrious father. He gave colour and shape to the Sampradaya which his worthy father had founded. He was a great organiser and an enthusiastic missionary. He removed the idol of Shrinathji to another Temple built by him. What became of the Temple built by Shri Vallabhacharya is not known. Those were the days of Emperor Akbar and with his characteristic tolerance he issued a firman granting Vithal Raiji land in the Mowzah of Jatipura on which he had built the buildings, gardens, cowsheds and workshops for the Temple of Goverdhan Nath. This firman is of the year 1953 A.D. In this firman Vithal Nathji is described as Gosain Vithal Rai and it appears that thereafter the descendants of Vallabhacharya came to be known as Goswami (Gosain). Emperor Shah Jehan also issued on the 9th of October 1633 a fireman mentioning that on a petition received by His Majesty from Goswami Vithal Nath Tilkayat of Go»dhan Nath that he had purchased some land from zemindars in Mauza Jatipura the said land was being granted by His Majesty for the use and expenses of Thakurdwar exempt from payment of dues. Goswami Vithalnath had seven sons. According to the tradition of the Sampradaya besides the idol of Shrinathji, Vithalnathji also got from his father seven other idols which were also swaroop manifestations) of Lord Krishna. Before his death, Vithalnathji made an arrangement by which the idol of Shrinathji was given to his eldest son Girdhariji who became the Tilkayat and the other idols were given over one each to his sons. The brothers of Girdhariji also founded separate shrines at various places which are also held in high veneration by the followers of the Sampra

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