K. N. WANCHOO, M. HIDAYATULLAH, P. B. GAJENDRAGADKAR, R. SATYANARAYAN RAJU, V. RAMASWAMI
Shastri Yagnapurushdasji: Advocate General For The State Of Maharashtra – Appellant
Versus
Muldas Bhundardas Vaishya – Respondent
Judgement
GAJENDRAGADKAR, C.J.I.:- The Principal question which arises in this appeal is whether the Bombay High Court was right in holding that the Swaminarayan Sampradaya (sect) to which the appellants belong,, is not a religion distinct and separate from the Hindu religion, and that the temples belonging to the said sect do come within the ambit of the provisions of the Bombay Hindu Places of Public Worship (Entry-Authorisation) Act, 1956 (No. 31 of 1956) (hereinafter called the Act ). The suit from which the present appeal arises was instituted by the appellants on 12-1-1948, in the Court of the Joint Civil Judge, Senior Division, Ahmedabad. Before the suit was instituted, the Bombay Harijan Temple Entry Act, 1947 (No. 35 of 1947) (hereinafter called the former Act ) had come into force on the 23rd November, 1947. The appellants are the followers of the Swaminarayan sect, and are known as Satsangis. They have filed the present suit on behalf of themselves and on behalf of the Satsangis of the Northern Diocese of the sect at Ahmedabad. They apprehended that respondent No. 1, Muldas Bhundardas Vaishya, who is the President of the Maha Gujarat Dalit Singh at Ahmedabad, intended t
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