Judgment

SINHA, C.J.I.: By this petition under Art. 32 of the Constitution, the petitioner, who is the 51st Dai-ul-Mutlaq and head of the Dawoodi Bohra Community, challenges the constitutionality of the Bombay Prevention of Excommunication Act, 1949 (Bombay Act XVI of 1949) (hereinafter referred to as the Act) on the ground that the provisions of the Act infringe Arts. 25 and 26 of the Constitution. The sole respondent in this case is the State of Bombay.

2. The petition is founded on the following allegations. The Dawoodi Bohra Community consists of Muslims of the Shia sect, holding in common with all members of that sect the belief that there is one God, that Mohammad is His Prophet to whom He revealed the Holy Koran ; that Ali, the son-in-law of Mohammad, was the Wasi (executor) of the Prophet, and that the said Ali succeeded the Prophet by Nas-e Jali. The Dawoodi Bohras believe that the said Ali was succeeded by a line of Imams, each of whom in turn was appointed by Nas-e-Jali, by his immediate predecessor. The Shia sect itself became divided into two sub-sects, known respectively as Ismailis and Isna Asharia. The Dawoodi Bohras belong to the former sect, and believe that owing t