R. L. NARASIMHAM, C. J.

( 1 ) THIS is an application under Article 226 of the Constitution by the present mahant of Dakshina Parswa Math, Puri, challenging the validity of a scheme dated the 14th January 1954 settled by the Commissioner of Hindu Religious endowments, Orissa, in association with another gazetted officer, for the administration of the said Math. The scheme was published in the Orissa Gazette dated the 29th January 1934 at page 64.

( 2 ) DAKSHINAPARSWA Math of Puri is a well known Srivaishnava Math following the vishishtadwit philosophy propounded by Sri Ramanuja. The petitioner succeeded to the Mahantship on the 6th September 1956, on the demise of his Gum Mahant sri Jaganath Ramanuja Das. During the year 1953 the then Commissioner of hindu Religious Endowments held an enquiry under section 38 of the Orissa Hindu religious Endowments Act, 1939 (Orissa Act IV of 1939) (hereinafter referred to as the old Act) into certain allegations of mismanagement made against the previous Mahant. The enquiry was held jointly with another officer of Government (named Sri L. N. Patnaik) as required by the proviso to that Section. The two officers by their order dated the 4th Decemb