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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ALOK ARADHE, C.J., J.SREENIVAS RAO
Rani Santhosh Saincher, died per LR Smt. Shalini Saincher – Appellant
Versus
State of Andhra Pradesh, Revenue (Endowments) Department – Respondent
| Table of Content |
|---|
| 1. challenge to legality of provisions regarding temple management. (Para 2 , 4 , 5) |
| 2. arguments against the discriminatory nature of the act. (Para 6 , 7 , 8) |
| 3. legislative history and amendments to the act. (Para 10 , 12 , 13) |
| 4. examination of unconstitutionality in exclusion of female trustees. (Para 15 , 20 , 23) |
| 5. separation of valid and invalid legislative provisions. (Para 24 , 26) |
| 6. conclusion and order to allow writ petition. (Para 27 , 28) |
ORDER :
Alok Aradhe, C.J.
Mr. M.Vidyasagar, learned counsel for the petitioners.
Mr. P.Venugopal, learned Amicus Curiae.
Mr. Herur Rajesh Kumar, learned Government Pleader for respondent No.1.
2. In this writ petition, the petitioner No.1 has assailed the validity of Explanation II of Proviso to Section 17 (1) of the TELANGANA CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS AND ENDOWMENTS ACT , 1987 (hereinafter referred to as ‘the Act’).
3. The factual background in which the challenge to the validity of the aforesaid provision needs mention, which is stated infra.
4. The petitioner No.1 claims to be successor-in-interest to the family of late Sri Kishan Prasad, who was instrumental in building a number of temples in and around Hyd
The provision excluding women from trustee succession in religious institutions violates Articles 14 and 15, leading to its declaration as unconstitutional.
The court affirmed the hereditary trusteeship of defendants, ruling that plaintiffs failed to prove mismanagement or entitlement to non-hereditary trusteeship under the Hindu Religious Charitable End....
The appointment of non-hereditary trustees must comply with statutory provisions requiring notice and enquiry regarding the management of the institution.
Point of Law : Temple or its precincts cannot be made a place where political parties should look forward to give political asylum to their workers.
Hereditary trusteeship is not property within the meaning of Art. 19 (1) and Art. 31 of the Constitution of India and consequently the right of hereditary trusteeship is not property within the meani....
The appointment of Non-Hereditary Trustees without verifying the existence of a Hereditary Trustee and failing to follow statutory notification procedures is illegal.
The government cannot unilaterally alter the term of trustees without following the statutory procedures outlined in relevant laws; modifications must comply with Section 64(5) of the Act.
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