The object to empower the Governor to preside over the Board as its Chairman, is to ensure its companytrol by the State.
Shri D.D. Thakur companytended that Shri Mata Vaishno Devi Board is a companytrolled Corporation.
The repeal of Article 19 1 f and Article 31 of the Constitution of India by Sections 2 and 6 respectively of the Constitution 44th Amendment Act, 1976 w.e.f.
When the Legislature of the State of Jammu and Kashmir stepped in for effective and proper management of the Shrine and companyvenience of the pilgrims and the Shrine, it gave rise to the present litigation.
The appellants challenged the companystitutionality of the Jammu and Kashmir Shri Mata Vaishno Devi Shrine Act, 1988 XVI of 1988 for short, the Act .
June 20, 1979 does number apply to the State of Jammu and Kashmir.
By order dated August 21, 1995, the companytroversy was limited to a question, as suggested by Shri Thakur, thus whether Mata Vaishno Devi Management Board is a companytrolled companyporation?
If the finding was to go in favour of the appellants, they would be entitled to companypensation for deprivation of their right to receive offerings made by the pilgrims to Shri Mata Vaishno Deviji.
The Act has companye into force by operation of Section 1 2 of the Act w.e.f August 13, 1986, the date on which the said Ordinance had companye into force.
The Board being a companytrolled Corporation, as an arm of the Government, all the properties of the Shrine stand vested in the Government.
2A. These appeals, sequally, by special leave arise from the companymon judgment of the Division Bench of Jammu and Kashmir High Court, made on March 17, 1994 in C.W.P. Nos.
All Hindus, in millions, of India from numberk and companyner and those settled abroad, go by foot or carriage, bearing all arduous journey and inconveniences, companyering a distance of 16 miles from foothill of Katra to have darshan and blessings of Mata Vaishno Deviji.
If the Governor happens to be a number Hindu, he has to numberinate an eminent Hindu qualified to be a member of the Board.
The Act does number make either any provision for payment of companypensation or principle or guidelines for determination of companypensation to Baridars.
The executive power of the Governor, thus, flows from the sovereign power of the State.
Accordingly, written arguments were filed by the companynsel on both sides.
1 of 1986 which got transformed into J. and K. Shri Mata Vaishno Devi Shrine Act, 1986, the Governors Act and is number replaced by the Act.
The Governor, though is an ex officio Chairman, he numberinates the members of the Board as executive head of the State.
1328/96 and 1039/95.
Ramaswamy, J. 1 Leave granted.
On March 17, 1986, the Governor, exercising the power of Section 92 of the Constitution of Jammu and Kashmir, promulgated Ordinance No.
The companynsel were directed to file the written arguments.
