The main legal principle established in the judgment is the authority of the court to modify and approve a new scheme of management for a public charitable and religious trust, in order to streamline its administration and ensure compliance with the original judgment.

JUDGMENT :

Attau Rahman Masoodi, J.

A. Relevance of worship in Temples and management Faith in God is a universal phenomenon. The belief of people in the deity Lord Hanuman is well acclaimed in the world and mostly in India i.e. Bharat. Aliganj Sri Mahaveer Ji Mandir in the city of Lucknow, is a place of worship for Hindus where people from all sects, castes and creed come to offer prayers. The centuries old history tells that people from diversities come to make offerings and perform Pooja. The spiritual belief of getting rid of fatal diseases like leprosy is something unique the temple is known for. It is this belief that has led countless to reach the epitome of success in business, professions and other walks of life. For all these characteristics the temple has assumed the significance of a public place of worship. The temple is famous for holding the Pooja of Bada Mangal and large sale fairs on the occasion of festivals are also organised in the precincts of temple.

2. Aliganj Sri Mahaveer Ji temple came to be regulated as a public trust ever since framing of a scheme of management under the judgment reported in AIR 1920 Oudh 244 (Gauri Nath Kakaji and others vs Ram Narain and others). The Court while dealing with the lis, first of all dealt with the question as to whether the charitable and religious endowments attached to the deity are a trust private or public. The ingredients of public trust were found dominant, hence it was decided that it is a public religious charitable Trust. The management of the Trust was accordingly designed of which the salient features can be gathered from the scheme of administration embodied in the judgement as under:

“The Scheme of Management

(1) The endowment shall be called the Aliganj Shri Mahabirji Trust,

(2) Trust shall comprise the temple of Mahabirji in Aliganj, Lucknow, with the lands, buildings, groves trees, wells and other properties moveable and immovable appertaining or belonging thereto and shall include any offerings that may be made at the temple on any grants or gifts made therefor and any property that may hereafter be acquired by the trust or be given or dedicated to it.

(3) The objects of the trust shall be

(a) to maintain the temple of Shri Mahabirji and the properties appertaining thereto in a proper state of repair and in a good sanitary condition,

(b) to arrange for the regular performance of the customary religious services and worship thereat,

(c) to look after and arrange for the convenience of pilgrims or visitors visiting the temple for worship or devotion

(d) to do such other acts, religious, educational or charitable, as may be considered desirable by the committee, for the advancement of learning or religious instruction or for the support of sadhus, fakirs or indigent students visiting or staying in the precincts of the temple for such instruction.

(4) The Trust shall be administered by a committee consisting of five Hindu residents of Lucknow as members of whom one shall be a representative of the family of Mahant Gopi Nath, related by blood or adoption, so long as such a representative is available, with power to appoint a secretary and to elect a chairman from amongst themselves for one year or for such period as the committee may fix.

(5) The first committee shall consist of (a) Lachhman Das, representing the family of Mahant Gopi Nath, (b) Babu Basudeo Lal Bhargava, advocate, (c) Babu Lachhman Prasad Srivastava, vakil (d) Bahtt Gur Prasad, contractor, and (e) Babu Dalli Sah cloth merchant, Aliganj.

(6) The committee shall meet at least once in every three months to examine accounts, check receipts and expenditure for the preceding months and to devise and adopt measures for carrying out the purposes of the trust and the protection of the trust-property. It shall also hold an annual meeting, in the month of Jeth as far as practicable, to pass the annual accounts and to frame the budget for the succeeding year and also to elect a secretary and a chairman for the suc