BHANDARI, J.—This is a writ petition under Art.226 of the Constitution on behalf of Surajmal Singhvi who claims to be the Chairman of the Trust Committee of Shri Nakodaji Paras Nath Tirth of Mevanagar. There is a famous temple of Lord Parasnath in village Mevanagar, Tehsil Pachpadra, District Barmer. This temple is known as. The temple of Shri Nakodaji Parasnath. This temple is a Jain Public religious temple. The gross income from the properties of this temple and other sources is more than Rs. 10,000/- per annum. According to the petitioner, the administration and management of this temple is being carried on by a Trust Committee on behalf of Jain Swetamber Sangh in which the entire property of the temple is vested. According to the petitioner, the properties of the said temple consist of the temple building, cash, ornaments for the idol and other movables and immovables, and all the said properties had been constructed or acquired by contributions from the members of the Jain Swetambar Murti Pujak Sangh residing in different places all over India and from offerings and gifts made to the said temple and moneys realised from gifts for performing religious ceremonies and from contributions for specific objects such as for temple, for idol, for Sadharan and Jiv Daya etc. which are considered to be religious, pious and charitable objects according to Jain scriptures and its religious tenets. It has been urged that according to the religious faith and belief of Jains, the properties of the said temple can only be utilised for the maintenance, upkeep and worship of the idol and for the purpose of different religious ceremonies and propagation of Jain faith and religion and for other analogous purposes which are pious, religious and charitable. It is also stated in the petition that administration and management of the said temple and the work of the idol and other religious ceremonies are carried on according to the scriptures and tenets of Jain religion. The management of the property is carried on in accordance with the advice, guidance and religious sense of the local Jain Murti Pujak Sangh known as Shree Sangh according to the advice of religious teachers, preceptors and Sadhus.

2. The Rajasthan State Legislature enacted the Rajasthan Public Trusts Act, 1959 (Act No. 42 of 1959) (hereinafter called the Act) which received the assent of the President on 22nd October, 1959 and was published in the Rajasthan Gazette Extra Ordinary Pt. IV-A, dated 28th October, 1959. In this petition, the petitioner has challenged the various provisions of the Acton the ground that they are in direct and flagrant breach of fundamental right of religious freedom and freedom of conscience of the Jains and their right freely to profess, practise and propagate religion and imposes unreasonable restrictions on the rights of religious denomination to maintain and manage religious institutions and to manage their own affairs in the matter of religion and to administer their property according to Jain Shsan rules and regulations.

3. In order to appreciate the contentions of the petitioner it is proper to refer to the provisions of the Act which are being challenged in this writ petition. Sec.2 (11) which defines "public trust", 2(13) defines "religious endowment" or "endowment", 2(14) defines "religious institution" or "institution", 2(15) "Specific endowment" and 2(16) "temple" in the following manner:

2(11). "Public trust" means an express or constructive trust for either a public religious or charitable purpose or both and includes a temple, a math, dharmada or any other religious or charitable endowment or institution and a society formed either for a religious or charitable purpose or for both;

2(13). "religious endowment" or "endowment" means all property belonging to or given or endowed for the support of a religious institution or given or endowed for the performance of any service or charity connected therewith and includes the premises of the religio

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