Sai mandir not a Hindu religious institution.

This petition is filed by the President of the All India Sai Samaj for the issue of a writ of certiorari calling for the records of the Deputy Commissioner of Hindu Religious and Charitable Endowments (Administration) Department, Madras and to quash his order dated 8th September, 1965 in O.A. No. 30 of 1965.

The question that arises for consideration in this Writ Petition is whether the Sai Mandir, a place of worship constructed by the All India Sai Samaj is a Hindu religious institution coming within the purview of the Madras Hindu Religious and Charitable Endowments Act (XXII of 1959). The All India Sai Samaj was founded in 1941 and was registered under the Societies Registration Act in 1956. The objects of the Association are the propagation of faith in God with special reference to Sai Baba of Shirdi and His life, teachings, and mission, the diffusion of knowledge regarding Sai Baba, the arrangement of lectures, Bhajanas and Harathis for Sai Baba and the construction of buildings for the aforesaid purposes. The Memorandum of Association of the Samaj shows that the Executive Committee, on the date of its registration consisted of a Muslim member. The membership of the Samaj included several Hindus, Christians, Parsis and Muslims who are devotees of Sai Baba. The Samaj had as its Vice President two Muslims for a number of years. It is admitted that membership of the Samaj is open to all adults irrespective of their religion. The All India Sai Samaj purchased the site in which the Sai Mandir is situated in its name and constructed the sanctum sanctorum in the year 1952. In addition to the Mandir, buildings for dispensary, reading room, library, book depot and printing press for the Samaj are also constructed. The Sai Mandir was consecrated to Sai Baba in 1953.

Respondents 2 and 5 became members of the Sai Samaj on 15th September, 1962, and respondents 3, 4 and 6 on 6th June, 1964. There were disputes regarding the management and in August, 1964 the respondents 2 to 6 filed an application O.A. No. 86 of 1964 before the first respondent, viz., the Deputy Commissioner for Hindu Religious and Charitable Endowments under section 64 of the Madras Hindu Religious and Charitable Endowments Act for framing a scheme for the manage ment of the Sai Mandir. The petitioner submitted that the Sai Mandir was cosmopolitan in its outlook and that the Mandir which is owned and administered by the Samaj is not a Hindu institution to which the provisions of the Madras Act XXII of 1959 was applicable. The petitioner prayed that the question whether the said Madras Act XXII of 1959 was applicable to the Sai Mandir may be considered as a preliminary issue in O.A. No. 86 of 1964. When the petition came up for hearing, learned Counsel for the petitioner at the instance of the first respondent added section 63 (a) of the Act as the section under which the petition may be considered. The Deputy Commissioner after considering the evidence held that the Sai Mandir is a Hindu Religious Institution to which the Madras Hindu Religious and Charitable Endowments Act will be applicable.

The contention on behalf of the petitioner is that the Sai Samaj is not a Hindu Religious Institution to which the Act is applicable. The learned Counsel for the respondents, apart from supporting the order of the first respondent, raised certain preliminary objections. He submitted that the petitioner had no locus standi to maintain this Writ Petition. Secondly, he contended that as the Act provides for the appeal and the filing of a suit, this petition should not be entertained. Thirdly, he submitted that as the decision of the first respondent is on an interlocutory matter, no writ petition is maintainable. In any event, it was contended that there was no error apparent on the face of the record.

Before considering the main question whether the Sai Mandir is a Hindu Religious Institution, the preliminary objections may be disposed of. It is common ground that the property