2017 Supreme(All) 1195
ALLAHABAD HIGH COURT
SUDHIR AGARWAL AND DR. KAUSHAL JAYENDRA THAKER, JJ.
SWAMI VASUDEVANAND SARASWATI DISCIPLE OF SWAMI SHANTANAND SARASWATI - Appellant
Versus
JAGAT GURU SHANKARCHARYA, JYOTISHPEETH PEETHADESHWAR SRI SWAMI SWAROOPANAND SARASWATI - Respondent
(First Appeal No. 309 of 2015, decided on 22nd September, 2017)
Counsel :
Manish Goel, V.D. Ojha, Arun Kumar Gupta, Bhoopendra Nath Singh, Devendra Pratap Singh, K.D. Tripathi, Om Prakash Misra, Ravi Anand Agarwal, Satish Chandra Mishra, Ved Mani Tiwari, Ravi Kant and V.B. Upadhya for the Appellant; Shashi Nandan, W.H. Khan, Parmeshwar Nath Mishra, A.B. Singhal, Anoop Trivedi, B.P. Singh, Harsh Bardhan Chaubey, Ramanand Pandey, Shruti Agarwal, Swati Agarwal, Udayan Nandan,Vijay Gautam and Vivek Kr. Singh for the Respondent.
Headnote:(A) Code of Civil Procedure, 1908—Sections 96, 92, 10, 151 and 35-A, Order VI, Rule 16, Order VII, Rules 1 and 14, Order VIII, Rule 1-A, Order II, Rule 7, Order XIII, Rule 5, Order XXII, Rule 3, Order XXXIX, Rule 2, Order XLI, Rule 4—General Rules Civil, 1957—Part C, Chapter III, Rules 40 to 64—Indian Succession Act, 1925—Sections 370 and 372—(Indian) Evidence Act, 1872—Section 63—Jyotirmath Shankaracharya—Installation and functioning—Dispute as to—Legal determination of—Rival claims—Installation of plaintiff-respondent as Jagatguru Shankaracharya on 7.12.1973—Alleged installation of appellant-defendant as Shankaracharya of Jyotirmath on 14/15.12.1989—Plaintiff-respondent sought permanent injunction restraining defendant-appellant from being installed as Jagat Guru Shankaracharya of Jyotirmath and proclaimed himself as Jagat Guru Shankaracharya of Jyotirmath—Rules for requisite qualification, eligibility and procedure for installation as Shankaracharya with reference to ‘Mathamnaya’ and ‘Mahanushasan’ —Observence of—In past Guru-Shishya Parampara was followed in Jyotirmath, but due to unavoidable circumstances broken in 1833—After 165 years, installation of Shankaracharya was made by selection of a suitable person by Manishigans and by not following Guru-Shishya Parampara in 1941—After demise of such appointed Shankaracharya in the year 1953, on the basis of his Will dated 18.12.1952, Swami Shanta Nand Saraswati was installed as Shankaracharya on 12.6.1953—Issue regarding valid installation of Swami Shantanand Saraswati in the seat of Shankaracharya and that he was qualified for such installation attained finality and would operate as res judicata—Materials brought on record to show that ceremony was held for installation of plaintiff-respondent in the seat of Shankaracharya on 7.12.1973, but his installation is invalid—Defendant-appellant never attained Sanyashood and never lived life of a Sanyasi, since he continued in service of an Educational Institution receiving grant-in-aid from State Government and salary paid to till 13.11.1989—Since appellant was disqualified to be appointed as Shankaracharya his installation as Shankaracharya held illegal, invalid and confers no right to function as Sankaracharya—However, injunction granted by Court below restraining appellant from discharging functions as Shankaracharya, upheld—Impugned judgment modified accordingly—Directions issued. [Paras 388 to 748]
(B) Shankaracharya—Valid installation of—Requisites Qualification—For such appointment, one must in view of eligibility provided in Mathamanya and Mahanushasan, should be (i) a Dandi Sanyasi; (ii) must have good knowledge of Sanskrit; (iii) must well versed in Vedas, Upnishads, Brahmanas, Puranas, Vedangas etc.; and (iv) must be a Brahmin. [Paras 745]
(C) Jagadguru Shankaracharya—Office of—Title “Jagadguru Shankaracharya” have a specific status among Hindus following Sanatan Dharma—Only four Maths propounded by Adi Shankaracharya, i.e., Jyotirmath, Sharda Math; Shringeri Math and Goverdhan Math—No other person is entitled to use aforesaid title and such use by any other person is wholly unauthorized—Directions issued. [Para 745]
(D) Constitution of India, 1950—Article 13—Shankaracharya—Succession and installation of—Scope—Though an individual is installed as ‘Shankaracharya’ but by its very nature it is a status or position in trust, faith and belief of followers of Hindu Sanatan Dharma and not in connection of private right—Position of Shankaracharya is a Mission and property attached with the office is for accomplishment of such Mission—Succession of Shankaracharya will be governed by customs and traditions within the definition of law under Article 13 of the Constitution—And cannot be varied by certain individuals or group of individuals on their own. [Paras 173 to 223]
(E) Constitution of India, 1950—Articles 25 and 26—Mutt—Concept of—Religious denomination—Mutt not a temple—Religious institutions such as a “Muth” is treated a “juristic entity” with a legal personality capable of holding and acquiring property. [Paras 224 to 320]
(F) Mathamnaya—Mahanushasan —Instructions contained in—Status of—"Mathamnaya" and "Mahanushasan" one books containing commands of Adi Shankaracharya, governing four Peethas established by him—Instructions therein satisfy the nature of customs or usages having force of law to govern selection, appointment, removal of Shankaracharya.
[Paras 322 to 342]
Key Holdings of the Court:
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The title "Jagadguru Shankaracharya" holds specific status among Hindus following Sanatan Dharma, limited to the four Amnaya Peethas established by Adi Shankaracharya: Jyotirmath, Sharda Math, Shringeri Math, and Govardhan Math. No other person is entitled to use this title, and such use is unauthorized. (!) (!)
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Succession to Shankaracharya is governed by customs and traditions (Mathamnaya and Mahanushasan), which have the force of law under Article 13, and cannot be altered by individuals. Position of Shankaracharya is a mission with attached property for its accomplishment, not a private right. (!) (!) (!) (!) (!)
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Religious institutions like a "Mutt" are juristic entities capable of holding property. (!) (!)
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Mathamnaya and Mahanushasan contain commands regulating eligibility, selection, appointment, removal, and functioning of Shankaracharya in the four Peethas. They are customs/usages with force of law. Essential qualifications: (i) Dandi Sanyasi; (ii) good knowledge of Sanskrit; (iii) versed in Vedas, Upanishads, Brahmanas, Puranas, Vedangas; (iv) Brahmin. (!) (!) (!) (!)
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Guru-Shishya Parampara was followed at Jyotirmath until broken in 1833 Vikram Samvat (1776 AD) due to unavoidable circumstances; revived in 1941 by selection by Manishigans (B.D.M., VNS, other Shankaracharyas), installing Swami Brahmanand Saraswati. (!) [p_387A]
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Swami Brahmanand Saraswati's Will dated 18.12.1952 was valid; he nominated Ramji Tripathi (Swami Shantanand Saraswati) first, who was installed on 12.6.1953. (!) (!)
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Swami Shantanand Saraswati
| S.No. | Particulars | Date | Paras |
| 1. | Plaint of Suit 513 of 1989 | 10.11.1989 | 3-17 |
| 2 | Amendment of plaint after appellant’s installation | 22.12.2006 | 18 |
| 3 | Appellant’s defence in written statement | 12.05.1992 | 19-21 |
| 4 | Replication | 19.04.1995 | 22-23 |
| 5 | Amendment application | 01.09.2005 | 24 |
| 6 | Additional written statement | 03.01.2007 | 25 |
| 7 | Issues |
| 26-27 |
| 8 | Evidence : |
| 28-31 |
| 9 | Plaintiff’s witnesses |
| 29-3 |
| 10 | (I) To prove Installation of plaintiff as Shankar- acharya of Jyotirmath/Jyotishpeeth. |
| 19-21 |
|
| (II) To prove authenticity and mandatory character of Rules for installation, qualification, eligibility and procedure for installation to the office of Shankaracharya with reference to Mathamnaya and Mahanushasan. |
| 29 |
|
| III. Experts in religious matters |
| 29 |
|
| IV. Handwriting expert |
|
|
|
| V. Photographer |
|
|
|
| Other witnesses on specific aspects |
| 30 |
| 11 | I. Defendants witnesses to prove appellant as Shankaracharya |
| 31 |
|
| II. Experts in religious matters |
| 31 |
|
| III. About qualification of plaintiff |
| 31 |
|
| IV. Handwriting expert |
| 31 |
|
| V. Photographer |
| 31 |
| 12 | Findings of Trial Court |
| 32-34 |
| 13 | Amendment in Memo of Appeal |
| 35 |
| 14 | Misc. Proceeding during trial of Suit |
| 36-41 |
| 15 | Previous litigation |
| 42-96 |
| 16 | Misc. case No. 44 of 1953 |
| 45-50 |
| 17 | Suit 3 of 1954 |
| 51-62 |
| 18 | Suit 47 of 1954 |
| 63 |
| 19 | Suit 3 of 1963 (abated) |
| - |
| 20 | Suit 36 of 1965 |
| 64-81 |
| 21 | Civil Suit 1-A of 1974 |
| 82-96 |
| 22 | Marking of documents as exhibits |
| 97-164 |
| 23 | Points for Determination and Adjudication First Point : Shankaracharya, his antiquity, his philosophy, work carried out by him for propagating Sanatan Dharma, his influence over followers of Sanatan Dharma and position and status of Shankaracharya and his Peethas vis a vis the persons occupying those Peethas in the eyes of Hindu followers of Adi Shankaracharya’s philosophy. Second point : Whether for installation of any person to head the Peethas established by Adi Guru Shankaracharya, are there any set of discipline, Rules and Regulations? Third Point : Whether Mathamnaya and Mahanushasan are written work containing and prescribing Regulations laying down mode, manner, eligibility and other instructions for selection and installation of an appropriate person to Head the said Peethas. |
| 169-172 |
| 24 | About Adi Shankaracharya |
| 73 |
| 25 | About Four Peethas : The Concept of Mutt : |
| 224 |
| 26 | Sharda Peeth Dwarka |
| 232 |
| 27 | Shri Goverdhan Peeth-Puri |
| 234 |
| 28 | Shri Jyotirpeeth at Shree Peeth-Badarikashram |
| 236 |
| 29 | Shri Shreengeri Peeth-Shreengeri |
| 237 |
| 30. | Concept of ‘Mutt’ and “Religious Denomination” |
| 247-+321 |
| 31 | About Mathamnaya-Mahanushasan |
| 322-342 |
| 32. | Sanyasi |
| 343-376 |
| 33. | Answer (First Point) : Adi Shankaracharya and four Amnaya Peeths established by him have a special but great reverence and significance in the entire religious denomination of this Country following Sanatan Dharma and Shankar Philosophy and we can take judicial notice of this fact that this den | ||