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1958 Supreme(Ori) 39
HIGH COURT OF ORISSA
R. L. Narasimham, C. J. And G. C. Das, J.
SRINIVASA RAMANUJA DAS - Appellant
Versus
COMMISSIONER OF ORISSA HINDU RELIGIOUS ENDOWMENTS - Respondent
O. J. C. 120 Of 1957
Decided On : MAY 12, 1958
B.K.Ray, M.Mahanty, P.MAHANTY, S.Mahanty
A scheme framed under Section 38 of the Orissa Hindu Religious Endowments Act, 1939, which was declared unconstitutional by the Supreme Court, is deemed to have been settled under Section 42 of the Orissa Hindu Religious Endowments Act, 1952, by virtue of Section 79-A of the New Act and is binding on the successor of the Mahant.
Headnote:
SCHEME FOR ADMINISTRATION OF MATH - VALIDITY - SCHEME FRAMED UNDER SECTION 38 OF THE ORISSA HINDU RELIGIOUS ENDOWMENTS ACT, 1939 - WHETHER VALID - SCHEME DEEMED TO HAVE BEEN SETTLED UNDER SECTION 42 OF THE ORISSA HINDU RELIGIOUS ENDOWMENTS ACT, 1952 - WHETHER BINDING ON THE SUCCESSOR OF THE MAHANT - CONSULTATION WITH THE MAHANT - WHETHER NECESSARY TO SEND DRAFT SCHEME TO MAHANT FOR COMMENTS.
Fact of the Case:
The petitioner, the present Mahant of Dakshina Parswa Math, Puri, challenged the validity of a scheme settled by the Commissioner of Hindu Religious Endowments, Orissa, for the administration of the said Math. The scheme was settled under Section 38 of the Orissa Hindu Religious Endowments Act, 1939 (Old Act) and was published in the Orissa Gazette on 29th January 1934. The petitioner contended that the scheme was invalid as it did not conform to the provisions of Section 38 or Section 39 of the Old Act and that it could not be saved by Section 79-A of the Orissa Hindu Religious Endowments Act, 1952 (New Act). He also contended that the scheme, having been framed by reason of the finding about the mismanagement on the part of the predecessor in office of the present Mahant, cannot enure beyond the life-time of that Mahant and that consequently it must be held to be inoperative on his death.
Finding of the Court:
The Court held that the scheme was valid and binding on the petitioner. It held that the scheme, though settled under Section 38 of the Old Act, was deemed to have been settled under Section 42 of the New Act by virtue of Section 79-A of the New Act. The Court further held that the scheme was binding on the petitioner, the successor of the Mahant, as it was binding on him as a 'person having interest' in the Math at the time when it was settled.
Issues: 1. Whether the scheme was valid and binding on the petitioner. 2. Whether the scheme could be saved by Section 79-A of the New Act. 3. Whether the scheme enured beyond the life-time of the Mahant in whose time it was framed.
Ratio Decidendi: 1. The Court held that the scheme was valid and binding on the petitioner as it was deemed to have been settled under Section 42 of the New Act by virtue of Section 79-A of the New Act. 2. The Court held that the scheme could be saved by Section 79-A of the New Act as that Section provided that schemes framed under the Old Act shall be deemed to have been settled under the provisions of the New Act. 3. The Court held that the scheme enured beyond the life-time of the Mahant in whose time it was framed as it was binding on all persons having interest in the Math, including the successor of the Mahant.
Final Decision: The Court dismissed the petition with costs.
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 December, 1953 came to the following finding: "we are now convinced beyond any shadow of doubt that the Mahant of dakshinaparswa math has alienated the Math properties for improper purposes and is guilty of gross acts of mismanagement of the math properties. We are therefore of opinion that it is highly necessary in the interests of the math and its endowments, that a scheme of administration should be settled and we direct accordingly. " then they consulted the Mahant, as required by Sub-section (1) of Section 39 of the old Act for the purpose of settling a detailed scheme for the administration of the math. The consultation was made in accordance with the procedure prescribed in Rule 108 of the Rules framed under the old Act. The Mahant did not appear in person, but his legal adviser appeared before the two officers on his behalf. Then, on the 14th January 1954 the Endowments Commissioner and his associate-officer settled a detailed scheme for the administration of the Math and it was, in due course, published in the Orissa Gazette as mentioned above.
( 3 ) ON the 28th January 1954 the previous Mahant Sri Jagannath Ramanuja Das filed an application under Article 226 of the Constitution before this Court against the order dated the 4th December 1953, passed by the Endowments commissioner and his associate officer under Section 38 of the old Act and also against the scheme settled on the 14th January 1954. This application (O. J. C. No. 6 of 1954; was however permitted to be withdrawn on the 9th March, 1954. Then after the decision of the Supreme Court in the case reported in Sadasib Prakash v. State of Orissa (S) AIR 1956 SC 432 -- (to which the Mahant was a party) --he filed another application under Articles 226 and 227 (O. J. C. No. 180 of 1956)challenging the validity of the various provisions in that scheme. After his death, the present petitioner who was his chela was substituted in his place in that O. J. C. The present application was filed on the 2nd August 1957 by the petitioner challenging the applicability of the scheme on grounds different from those taken in the previous application. Both the applications were heard together. After disposing of the points raised in this application, I shall, in a separate judgment in O. J. C. No. 180 of 1956, examine in detail the various clauses of the scheme in the light of the Constitution, especially of Article 26 as construed in some of the recent decisions of the Supreme Court.
( 4 ) IT is necessary to describe briefly the various enactments made by the Orissa legislature for the control of maths in Orissa. The old Act came into force on the 31st August 1939. Section 38 of that Act conferred jurisdiction on the commissioner of Hindu Religious Endowments to hold an enquiry in association with another
