551/61 and for the respondents in C. As.
1 in C. A. No.
Math obtained leave to amend the petition and challenged the validity of Act XIX of 1951 on the ground that the provisions thereof infringed his fundamental rights and that in any event certain provisions were beyond the legislative companypetence of the State Legislature.
132 1 of the companystitution the validity of ss.52 1 f , 55, 76 1 2 , 80, 81 and 82 of the Madras Hindu Religious Endowments Act XIX of 1951 asamended by Act XXVII of 1954 is impugned.
Appeals from the judgment and order dated December 9, 1955 of the Madras High Court in Writ Petitions Nos.
J. In this group of appeals certified by the High Court of Madras under Art.
The Act made divers provisions for enforcing supervision over the management of Hindu endowments, and a Board was companystituted for that purpose.
323, 324, 351 to 357 and 359 of 1955.
Purshottam Trikumdas, R. Ganapathy Iyer and G. Gopalakrishnan, for the appellants in C. As.
551 to 560 of 1961.
551 559/61 .
552 to 559 of 1961 .
The judgment of this Court in that case is reported as The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur mutt 1 .
Ranganadham Chetty and A. V. Rangam, for the respondents in C. A. No.
The State of Madras appealed against the order of the High Court.
At Udipi in the South Kanara District there are eight Maths which are reputed to be founded by Shree Madhvacharya, an exponent of the dualistic philosophy.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
21, 30 2 , 31 and 76 5 , and Rule 10 framed under s. 100 2 invalid.
560/61 .
Each of these Maths is presided over by a Mathadhipati or Swami who is invariably a Brahmin Sanyasin.
There exists another Math known as Shri Krishna Devaru Math of which the administration is carried on according to long standing usage by the Swamis of the eight Maths in turn, each Swami administering for two years.
September 22, 1954, and thereby provisions which were declared by this Court ultra vires, were altered or omitted and some new provisions were enacted with a view to make the enactment companysistent with the law declared by this Court.
The Madras Legislature amended Act XXVII of 1954 which received the Presidents sanction on 1 1954 S. C. R. 1005.
560/61 .
The High Court by its order dated April 25, 1955 declared ss.
The judgment of the Court was delivered by.
November 20.
S. Pathak, B. R. L. Iyengar and P. D. Menon, for the respondent No.
The Board being satisfied that a case for settling a scheme was made out served upon the Swami of the Math a draft scheme and called upon him to file his objections thereto.
V. Viswanatha Sastri and M. S. K. Sastri, for the appellant in C. A. No.
52 1 f , 55, 76 1 2 , 80, 81 and 82.
The Swami of Shirur.
During the pendency of that petition, Act 11 of 1927 was repealed by the Madras Legialature and was substituted by Act XIX of 1951, enacting diverse provisions relating to the governance, management and administration of Hindu Religious Endowments.
These ten appeals are directed against orders passed by the High Court of Madras refusing to declare the provisions aforesaid ultra vires the State Legislature.
There is also the Sri Kanchi Kamakoti Peetam Math of which Shree Sank aracharya Swamigal is the presiding head.
An enquiry was companymenced before the Hindu Religious Endowments Board for ascertaining whether in the interests of the Shirur Math one of the eight maths at Udipi a scheme for the administration of the Math be framed, it being alleged that the affairs of the Math were mismanaged by the Swami.
In exercise of the authority under the Act several restrictions were placed upon the powers of the trustees of religious endowments, schemes were framed for administration thereof and executive officers were appointed to administer Maths and other religious endowments.
SHAH.,
Petitions were then filed by the appellants heads of ten maths challenging the validity of diverse provisions of the amended Act.
