Karnataka High Court
H. Ekantiah vs The Chief Secretary on 27 September, 2023
Bench: Chief Justice, M.G.S. Kamal
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR.PRASANNA B.VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE M.G.S. KAMAL
WRIT APPEAL NO.739 OF 2023 (GM-R/C)
C/W
WRIT APPEAL No.665 OF 2023 (GM-R/C)
WRIT APPEAL No.675 OF 2023 (GM-R/C)
WRIT APPEAL No.738 OF 2023 (GM-R/C)
WRIT APPEAL No. 785 OF 2023 (GM-R/C)
WRIT APPEAL No. 1047 OF 2023 (GM-R/C)
AND
WRIT APPEAL No.846 OF 2023 (GM-R/C)
IN WA No.739 OF 2023
BETWEEN:
K.S.NAVEEN
S/O K.R. SHIVAPRAKASH
AGED ABOUT 47 YEARS
MEMBER OF LEGISLATIVE COUNCIL
CHITRADURGA AND DAVANAGERE
R/AT NAVEEN NILAYA
V.P. EXTENSION
2ND CROSS
CHITRADURGA - 577 501.
... APPELLANT
(BY SRI. K.G. RAGHAVAN, SR. ADVOCATE A/W
SRI. RAJESWARA P.N., ADVOCATE)
AND:
1. THE CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
B.R. AMBEDKAR ROAD
2
BENGALURU - 560 001.
2. THE DEPUTY SECRETARY
REVENUE DEPARTMENT
(LAND, UPOR AND RELIGIOUS ENDOWMENT)
VIKAS SOUDHA
B.R. AMBEDKAR ROAD
BENGALURU - 560 001.
3. THE SECRETARY
MUZRAI DEPARTMENT
VIKAS SOUDHA
B R AMBEDKAR ROAD
BENGALURU - 560 001.
4. THE COMMISSIONER
HINDU RELIGIOUS INSTITUTIONS AND
CHARITABLE ENDOWMENTS DEPARTMENT
VARTHA BHAVANA
CHAMARAJPETE
BENGALURU - 560 018.
5. THE DEPUTY COMMISISONER
CHITRADURGA DISTRICT - 577 501.
KARNATAKA
6. SRI. P.S. VASTRAD (I.A.S. RETD.)
No.301, CASA GRANDE APARTMENT
BEHIND MARTIAL MOTROS VOLVO SHOWROOM
POORPA PRASAD ROAD
RACE COURSE
BENGALURU - 560 001.
7. THE REGISTRAR OF SOCIETIES
CHAMARAJAPETE
BENGALURU - 560 018.
8. SRI. JAGADGURU
MURUGARAJENDRA VIDHYA PEETHA
M.K. HATTI
CHITRADURGA -577 502
KARNATAKA
REP. BY ITS PRESIDENT.
3
9. SRI. JAGADGURU MURUGARAJENDRA
BRUHAN MATH
REP. BY ITS PONTIFF AND CHIEF
DR. SHIVAMURTHY MURUGHASHARANAU
REP BY THE GPA HODLER
SRI. BASAVA PRABHUSWAMIGALU
VIRAKTHA MATH
DAVANAGERE
KARNATAKA - 577 001.
... RESPONDENTS
(BY SRI.VIKRAM HUILGOL ADDL. ADVOCATE GENERAL A/W
SRI.S.S. MAHENDRA PRINCIPAL GOVERNMENT
ADVOCATE FOR R1 TO R5 & 7;
SRI. JAYAKUMAR S. PATIL SR. ADVOCATE A/W
SRI. S. KALYAN BASAVARAJ, ADVOCATE FOR R8 & R9;
V/O DATED:18.07.2023, NOTICE TO R-6 IS DISPENSED
WITH)
---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO
i) SET ASIDE THE ORDER DATED 22.05.2023 IN WP No.
25316/2022 (GM-R/C) PASSED BY THE LEARNED SINGLE
JUDGE.
IN WA No.665 OF 2023
BETWEEN:
H. EKANTIAH,
S/O LATE THIPPA RUDRAIAH
AGED ABOUT 89 YEARS
R/AT BABBUR
BABBUR FARM
CHITRADURGA -577 598
KARNATAKA.
... APPELLANT
(BY SRI. AKASH V.T., ADVOCATE)
4
AND:
1 . THE CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
B.R. AMBEDKAR ROAD
BANGALORE - 560 001.
2. SRI. JAGADGURU MURUGARAJENDRA
VIDHYA PEETHA
M.K. HATTI
CHITRADURGA - 575 502
KARNATAKA
REP. BY ITS PRESIDENT.
3. SRI. JAGADGURU
MURUGHARAJENDRA BRUHAN MATH
REP. BY ITS PONTIFF AND CHIEF
DR. SHIVAMURTHY
MURUGASHARANARU
REP. BY THE GPA HOLDER
SRI. BASAVAPRABHUSWAMIGALU
VIRATKTHA MATH
DAVANAGERE - 577 002.
KARNATAKA.
4. THE DEPUTY SECRETARY
REVENUE DEPARTMENT
(LAND, UPOR AND RELIGIOUS
ENDOWMENT)
VIKAS SOUDHA
B.R. AMBEDKAR ROAD
BANGALORE - 560 001.
5. THE SECRETARY
MUZRAI DEPARTMENT
VIKAS SOUDHA
B R AMBEDKAR ROAD
BANGALORE - 560 001.
5 . THE COMMISSIONER
HINDU RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS
5
DEPARTMENT
VARTHA BHAVANA
CHAMARAJAPETE
BANGALORE - 560 018.
7. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT
KARNATAKA - 577 501.
8. SRI P.S. VASTRAD(IAS RETD)
NO.301, CASA GRANDE APARTMENT
BEHIND MARTIAL MOTORS
VOLVO SHOWROOM
POORPA PRASAD ROAD
RACE COURSE
BANGALORE - 560 001.
8 . THE REGISTRAR OF SOCIETIES
CHAMARAJPET
BENGALURU - 560 018.
... RESPONDENTS
(BY SRI. VIKRAM HUILGOL ADDL. ADVOCATE GENERAL A/W
SRI. S.S. MAHENDRA PRINCIPAL GOVERNMENT ADVOCATE
FOR R1 TO R4 & R9
SRI. JAYAKUMAR S. PATIL SR. ADVOCATE FOR
SRI. S. KALYAN BASAVARAJ, ADVOCATE FOR C/R2 & R3
V/O DATED:18.07.2023, NOTICE TO R8 IS
DISPENSED WITH)
---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO
a) SET ASIDE THE ORDER DATED:22.05.2023 PASSED IN
INTER ALIA W.P. No. 25316/2022.
IN WA No.675 OF 2023
BETWEEN:
H. EKANTIAH
S/O LATE THIPPA RUDRAIAH
AGED ABOUT 89 YEARS
RESIDING AT BABBUR
6
BABBUR FARM
CHITRADURGA -577 598
KARNATAKA.
... APPELLANT
(BY SRI. AKASH V.T., ADVOCATE)
AND:
1. THE CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
B.R. AMBEDKAR ROAD
BANGALORE - 560 001.
2. SRI. D.S. MALLIKARJUN
S/O D.B. SHIVASHALAPPA
AGED ABOUT 51 YEARS
R/AT 'BELADINGALU'
2ND MAIN, 6TH CROSS
VIDYANAGAR
CHITRADURGA - 577 501.
3. SRI. THIPPESWAMY H.N.,
S/O H.N. NINGAPPA
AGED ABOUT 60 YEARS
R/AT 504, BHARAMASAGARA
CHITRADURGA - 577 519.
4. SRI. JITENDRA V.,
S/O LATE NIJALINGAPPA B.T.,
AGED ABOUT 40 YEARS
R/AT 'AMMANNA KANASU'
2ND CROSS, KSRTC BADAVANE
JOGIMATTI ROAD
CHITRADURGA - 577 501.
5. THE DEPUTY SECRETARY
REVENUE DEPARTMENT,
(LAND, UPOR AND RELIGIOUS ENDOWMENT)
VIKAS SOUDHA
B R AMBEDKAR ROAD
BANGALORE - 560 001.
7
6. THE SECRETARY
MUZRAI DEPARTMENT
VIKAS SOUDHA
B R AMBEDKAR ROAD
BANGALORE - 560 001.
7. THE COMMISSIONER
HINDU RELIGIOUS INSTITUTIONS
AND CHARITABLE
ENDOWMENTS DEPARTMENT
VARTHA BAHVANA
CHAMARAJAPETE
BANGALORE - 560 018.
8. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT
KARNATAKA - 577 501.
9. SRI. P.S. VASTRAD (I.A.S.RETD.)
NO 301, CASA GRANDE APARTMENT
BEHIND MARTIAL MOTORS
VOLVO SHOWROOM
POORPA PRASAD ROAD
RACE COURSE
BANGALORE - 560 001.
10. THE REGISTRAR OF SOCIETIES
CHAMARAJAPET
BENGALURU - 560 018.
11 . SRI. JAGADGURU
MURUGHARAJENDRA VIDHYA PEETHA
M K HATTI
CHITRADURGA - 575 502
KARNATAKA
REP. BY ITS PRESIDENT.
12 . SRI. JAGADGURU
MURUGHARAJENDRA BRUHAN MATH
REP BY ITS PONTIFF AND
CHIEF DR. SHIVAMURTHY
MURUGASHARANARU
REP. BY THE GPA HOLDER
SRI. BASAVAPRABHUSWAMIGALU
8
VIRATKTHA MATH
DAVANAGERE - 577 002.
KARNATAKA
... RESPONDENTS
(BY SRI. VIKRAM HUILGOL ADDL. ADVOCATE GENERAL A/W
SRI. S.S. MAHENDRA PRINCIPAL GOVERNMENT ADVOCATE
FOR R1, R5 TO R8 & R10;
SRI. UDAYA HOLLA SR. ADVOCATE A/W
SRI. CHANNABASAPPA S., NANDIHAL, ADVOCATE FOR
R2 & R3;
SRI. JAYAKUMAR S. PATIL SR. ADVOCATE FOR
SRI. S. KALYAN BASAVARAJ, ADVOCATE FOR R11 & R12;
V/O DATED:18.07.2023 NOTICE TO R9 IS DISPENSED WITH.
---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO
a) SET ASIDE THE ORDER DATED:22.05.2023 PASSED IN
INTER ALIA W.P. No. 25318/2022.
IN WA No.738 OF 2023
BETWEEN:
K.S.NAVEEN
S/O K.R. SHIVAPRAKASH
AGED ABOUT 47 YEARS
MEMBER OF LEGISLATIVE COUNCIL
CHITRADURGA AND DAVANGERE
R/AT NAVEEN NILAYA
V.P. EXTENSION
2ND CROSS
CHITRADURGA - 577 501.
... APPELLANT
(BY SRI. K.G. RAGHAVAN SR. ADVOCATE A/W
SRI. RAJESWARA P.N., ADVOCATE)
9
AND:
1 . THE CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
B.R AMBEDKAR ROAD
BENGALURU - 560 001.
2. THE DEPUTY SECRETARY
REVENUE DEPARTMENT
(LAND, UPOR AND RELIGIOUS ENDOWMENT)
VIKAS SOUDHA
B R AMBEDKAR ROAD
BENGALURU - 560 001.
3. THE SECRETARY
MUZRAI DEPARTMENT
VIKAS SOUDHA
B.R AMBEDKAR ROAD
BENGALURU - 560 001.
4. THE COMMISSIONER
HINDU RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS
DEPARTMENT, VARTHA BHAVANA
CHAMARAJAPETE
BENGALURU - 560 018.
5. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT - 577 501
KARNATAKA.
6. SRI. P S VASTRAD (I.A.S. RETD.)
No. 301, CASA GRANDE APARTMENT
BEHIND MARTIAL
MOTORS VOLVO SHOWROOM
POORPA PRASAD ROAD
RACE COURSE
BEGNALURU - 560 001.
10
7. THE REGISTRAR OF SOCIEITES
CHAMARAJPETE
BENGALURU - 560 018.
8. SRI. JAGADGURU MURUGARAJENDRA
VIDHYA PEETHA
M K HATTI
CHITRADURGA - 577 502
KANRANATAKA
REP BY ITS PRESIDENT.
9. SRI. JAGADGURU
MURUGARAJENDRA BRUHAN MATH
REP BY ITS PONITFF AND CHIEF
DR. SHIVAMURTHY
MURUGHASHARANARU
REP. BY THE GPA HOLDER
SRI. BASAVAPRABHUSWAMIGALU
VIRAKTHA MATH
DAVANAGERE - 577 001.
KARNATAKA.
10 . D.S MALLIKARJUN
S/O D.B. SHIVASHALAPPA
AGED ABOUT 51 YEARS
R/AT BELADINGALU
2ND MAIN, 6TH CROSS
VIDYANAGARA
CHITRADURGA - 577 501.
11 . SRI. THIPPESWAMY H.N.,
S/O H N NINGAPPA
AGED ABOUT 61 YEARS
R/AT NO. 504
BHARAMASAGARA
CHITRADURGA - 577 519.
12 . SRI. JITENDRA N.,
S/O LATE NIJALINGAPPA B.T.,
AGED ABOUT 40 YEARS
R/AT AMMANA KANASU
2ND CROSS
KSRTC BADAVANE
11
JOGIMATTI ROAD
CHITRADURGA - 577 501.
... RESPONDENTS
(BY SRI. VIKRAM HUILGOL ADDL. ADVOATE GENERAL A/W
SRI. S.S. MAHENDRA PRINCIPAL GOVERNMENT ADVOCATE
FOR R1 TO R5 & R7;
V/O DATED:18.07.2023, NOTICE TO R6 IS DISPENSED WITH
SRI. JAYAKUMAR S. PATIL SR. ADVOCATE FOR
SRI. S. KALYAN BASAVARAJ, ADVOCATE FOR R8 & R9;
SRI. UDAYA HOLLA, SR. ADVOCATE FOR
SRI. CHANNABASAPPA S. NANDIHAL, ADVOCATE FOR R10 & R11
---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO
(i) SET ASIDE THE ORDER DATED:22.05.2023 IN WP. No.
25318/2022 (GM-R/C) PASSED BY THE LEARNED SINGLE
JUDGE.
IN WA No.785 OF 2023
BETWEEN:
1. THE GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BENGALURU-560 001
REP. BY CHIEF SECRETARY TO GOVERNMENT.
2. THE GOVERNMENT OF KARNATAKA
DEPT. OF REVENUE
(LAND, UPOR AND RELIGIOUS ENDOWMENT)
VIKASA SOUDHA
B R AMBEDKAR ROAD
BENGALURU-560 001
REP. BY DEPUTY SECRETARY TO GOVERNMENT.
3. THE GOVERNMENT OF KARNATAKA
MUZRAI DEPARTMENT
VIKASA SOUDHA
B R AMBEDKAR ROAD
BENGLAURU-560 001
REP. BY SECRETARY TO GOVERNMENT.
12
4. THE COMMISSIONER
HINDU RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS
DEPARTMENT, VARTHA BHAVANA
CHAMRAJPETE, BANGALORE-560 018.
5. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT
KARNATAKA-577501.
6. THE REGISTRAR OF SOCIEITIES
CHAMARAJPET
BENGALURU-560 018.
... APPELLANTS
(BY SRI. VIKRAM HUILGOL, ADDL. ADVOCATE GENERAL A/W
SRI. S.S. MAHENDRA PRINCIPAL GOVERNMENT ADVOCATE)
AND:
1. SRI. JAGADGURU
MURUGHARAJENDRA VIDHYA PEETHA
M K HATTI
CHITRADURGA
KARNATAKA-575 502
REP BY ITS PRESIDENT.
2. SRI. JAGADGURU
MURUGHARAJENDRA BRUHAN MATH
REP. BY ITS PONTIFF AND CHIEF
DR SHIVAMURTHY
MURUGASHARANAU
REP. BY THE GPA HOLDER
SRI. BASAVAPRABHUSWAMIGALU
VIRATKTHA MATH, DAVANAGRE -577 002
KARNATAKA.
3. SRI. P.S. VASTRAD (I.A.S.RETD)
No.301, CASA GRANDE APARTMENT
BEHIND MARTIAL MOTORS VOLVO SHOWROOM
POORPA PRASAD ROAD
RACE COURSE
BANGALORE - 560 001.
... RESPONDENTS
13
(BY SRI. UDAYA HOLLA SR. ADVOCATE A/W
SRI. CHANNABASAPPA S. NANDIHAL, ADVOCATE FOR
R1 & R2(IN WP.No.25318/2022);
SRI. JAYAKUMAR S. PATIL SR. ADVOCATE A/W
SRI. S. KALYAN BASAVARAJ, ADVOCATE FOR R1 & R2
(IN WP No.25316/2022 & R5 & R6 (IN WP.No.25318/2022\
---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO
a) CALL FOR RECORDS; b) ALLOW THIS WRIT APPEAL AND
SET ASIDE THE ORDER DATED:22.05.2023 PASSED BY THE
LEARNED SINGLE JUDGE IN WP No-25316/2022 C/w WP
No-25318/2022 (GM-R/C) IN THE INTEREST OF JUSTICE
AND EQUITY.
IN WA No.1047 OF 2023
BETWEEN:
1. THE GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BENGALURU-560 001
REP BY CHIEF SECRETARY TO GOVERNMENT.
2. THE GOVERNMENT OF KARNATAKA
DEPT. OF REVENUE
(LAND, UPOR AND RELIGIOUS ENDOWMENT)
VIKASA SOUDHA
B R AMBEDKAR ROAD
BENGALURU-560 001
REP BY DEPUTY SECRETARY TO GOVERNMENT.
3. THE GOVERNMENT OF KARNATAKA
MUZRAI DEPARTMENT
VIKASA SOUDHA
B R AMBEDKAR ROAD
BENGLAURU-560 001
REP BY SECRETARY TO GOVERNMENT.
14
4. THE COMMISSIONER
HINDU RELIGIOUS INSTITUTIONS
AND CHARITABLE ENDOWMENTS DEPARTMENT,
VARTHA BHAVANA
CHAMRAJPETE
BANGALORE-560 018.
5. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT - 577 501
KARNATAKA.
6. THE REGISTRAR OF SOCIETIES
CHAMARAJPET
BENGALURU-560 018.
... APPELLANTS
(BY SRI. VIKRAM HUILGOL, ADDL. ADVOCATE GENERAL A/W
SRI. S.S. MAHENDRA PRINCIPAL GOVERNMENT ADVOCATE)
AND:
1. SRI. D.S. MALLIKARJUN
S/O D.B. SHIVASHALAPPA
AGED ABOUT 51 YEARS
R/AT BELADINGALU, 2ND MAIN
6TH CROSS, VIDYANAGARA
CHITRADURGA - 577 501.
2. SRI. THIPPESWAMY H N
S/O H N NINGAPPA
AGED ABOUT 61 YEARS
R/AT NO.504,
BHARAMASAGARA
CHITRADURGA-577 519.
3. SRI. JITENDRA N.,
S/O LATE NIJALINGAPPA B T
AGED ABOUT 40 YEARS
R/AT AMMANA KANASU
2ND CROSS, KSRTC BADAVANE
JOGIMATTI ROAD
CHITRADURGA-577 501.
15
4. SRI. P.S. VASTRAD (I.A.S.RETD)
No.301, CASA GRANDE APARTMENT
BEHIND MARTIAL MOTORS VOLVO SHOWROOM
POORPA PRASAD ROAD
RACE COURSE
BANGALORE - 560 001.
5. SRI. JAGADGURU
MURUGHARAJENDRA VIDHYA PEETHA
M K HATTI
CHITRADURGA
KARNATAKA-575 502
REP BY ITS PRESIDENT.
6. SRI. JAGADGURU
MURUGHARAJENDRA BRUHAN MATH
REP. BY ITS PONTIFF AND CHIEF
DR SHIVAMURTHY
MURUGASHARANAU
REP. BY THE GPA HOLDER
SRI. BASAVAPRABHUSWAMIGALU
VIRATKTHA MATH
DAVANAGRE -577 002
KARNATAKA.
... RESPONDENTS
(BY SRI. UDAYA HOLLA SR. ADVOCATE A/W
SRI. CHANNABASAPPA S. NANDIHAL, ADVOCATE FOR
R1 & R2(IN WP.No.25318/2022);
SRI. JAYAKUMAR S. PATIL SR. ADVOCATE A/W
SRI. S. KALYAN BASAVARAJ, ADVOCATE FOR R1 & R2
(IN WP No.25316/2022 & R5 & R6 (IN WP.No.25318/2022\
---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO
a) CALL FOR RECORDS; b) ALLOW THIS WRIT APPEAL AND
SET ASIDE THE ORDER DATED:22.05.2023 PASSED BY THE
LEARNED SINGLE JUDGE IN WP No-25316/2022 C/w WP
No-25318/2022 (GM-R/C) IN THE INTEREST OF JUSTICE
AND EQUITY.
16
IN WA No.846 OF 2023
BETWEEN:
1. SRI JAGADGURU
MURUGHARAJENDRA VIDYA PEETHA
M.K. HATTI,
CHITRADURGA - 577502
KARNATAKA
REP BY ITS PRESIDENT.
2. SRI JAGADGURU
MURUGHARAJENDRA BRUHAN MATH
BY ITS PONTIFF AND CHIEF
DR. SHIVAMURTHY MURUGHA SHARANARU
REP. BY THE GPA HOLDER
SRI. BASAVAPRABHUSWAMIGALU
VIRAKTHA MATH
DAVANAGERE - 577 002.
KARNATAKA.
... APPELLANTS
(BY SRI. JAYAKUMAR S. PATIL SR. ADVOCATE A/W
SRI. S. KALYAN BASAVARAJ, ADVOCATE)
AND:
1. THE CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHDA
B.R. AMBEDKAR ROAD
BANGALORE-560 001.
2. THE DEPTUY SECRETARY
REVENUE DEPARTMENT
(LAND, UPLLOR AND RELIGIOUS ENDOWMENT)
VIKAS SOUDHA
B.R. AMBEDKAR ROAD
BANGALORE - 560 001.
3. THE SECRETARY
MUZRAI DEPARTMENT
VIKAS SOUDHA
B.R. AMBEDKAR ROAD
BANGALORE-560 001.
4. THE COMMISSIONER
HINDU RELIGIOUS INSTITUTION
17
AND CHARITABLE ENDOWMENTS DEPARTMENT
VARTHA BHAVANA
CHAMRAJPETE
BANGALORE - 560 018.
5. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT -577501
KARNATAKA.
6. SRI. P.S. VASTRAD (I.A.S RETD)
NO. 301, CASA GRANDE APARTMENT
BEHIND MARTIAL
MOTORS VOLVO SHOWROOM
POORPA PRASAD ROAD
RACE COURSE
BANGALORE - 560 001.
7. THE REGISTRAR OF SOCIETIES
CHAMRAJET
BENGALURU-560 018.
... RESPONDENTS
(BY SRI. VIKRAM HUILGOL ADDL. ADVOCATE GENERAL A/W
SRI. S.S. MAHENDRA PRINCIPAL GOVERNMENT ADVOCATE
FOR R1 TO R5;
V/O DATED:17.08.2023, NOTICE TO R6 IS DISPENSED
WITH)
---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO
A) SET SAID THE ORDER DATED:22.05.2022 PASSED BY
THE LEARNED SINGLE IN WRIT PETITION. NO.25316/2022
(GM-R/C) TO THE EXTENT OF DIRECTIONS ISSUED AT
CLAUSE (II) TO (V) OF THE IMPUGNED ORDER BY
ALLOWING THIS APPEAL; AND.
THESE APPEALS HAVING BEEN HEARD AND
RESERVED, COMING ON FOR PRONOUNCEMENT OF
JUDGMENT, THIS DAY, CHIEF JUSTICE., DELIVERED THE
FOLLOWING:
18
JUDGMENT
These batch of appeals arise out of a common order
dated 22.05.2023 passed in W.P.No.25316/2022 c/w
W.P.No.25318/2022 by which learned Single Judge of this
Court while quashing the impugned Government Order
dated 13.12.2022, whereby respondent No.6-
Mr.P.S.Vastrad, a retired I.A.S Officer had been appointed
as the administrator of Shree Jagadguru Murugharajendra
Vidyapeeta (hereinafter referred to as the `Vidyapeeta')
and Shree Jagadguru Murugharajendra Bruhan Math
(hereinafter referred to as the `Math') - writ petitioners,
also issued certain directions in the nature of extending the
term of the administrator for a period of six weeks as an
interim arrangement enabling the devotees of the Math and
prominent members of the community to device a plan of
action for due administration and management of the
affairs of the Math and its institutions with an option to
seek relief/redressal in terms of Section 92 of Code of Civil
Procedure.
2. The impugned Government Order dated
13.12.2022 appointing the administrator as above, had
been issued by the State Government purportedly in
exercise of its power under Article 162 and 31(A) of the
Constitution of India for the purposes of safeguarding the
movable and immovable properties of the Math and
Vidyapeeta and to prevent misappropriation of the funds.
The said order came to be issued in the light of criminal
cases having been filed against Sri.Shiva Murthy Murugha
Sharanaru, the pontiff of the Math on 13.10.2022 before
Nazarbad Police, Mysore in Crime No.155/2022 for the
offences punishable under Section 376(2) (i), 376(3) r/w
Section 149 of Indian Penal Code, 1860 and under Sections
17, 5(1) and (6) of the Protection of Children from Sexual
Offences Act, 2012, investigation of which was transferred
by the Fast Track Court, Mysore to Rural Police Chitradurga
on the ground of territorial jurisdiction of the offences. The
accused-pontiff and other persons have been arrested and
are in continuous judicial custody. It appears charge sheets
have been filed and after taking cognizance of the matter
the Special Court at Chitradurga has registered cases in
Spl.C.(P) No.181/2022 and Spl.C(P) No.182/2022.
3. The above writ petitions have been filed by the
Vidyapeeta and the math aggrieved by the impugned
Government Order alleging violation of Article 14, 19, 21,
25 and 27 of the Constitution of India. It is also contended
that the impugned Government Order passed in purported
exercise of power under Article 162 and 31A of the
Constitution is without authority of law inasmuch as the
field is occupied to regulate the activities of the math and
institutions under the Code of Civil Procedure and
Karnataka Societies Registration Act. That the rights
guaranteed under Article 25 and 26(b) can only be
regulated by "law" enacted by the legislature and not
through and under the executive power as the same would
amount to colourable exercise of power. That mere
absence of the pontiff in view of filing of cases against him
would not empower the Government to exercise its power
in the nature of issuing impugned Government Order.
4. On behalf of respondent-State it was contended
that the issuance of impugned Government Order in
exercise of power under Article 162 of the Constitution of
India was necessitated in view of promulgation of
Karnataka Hindu Religious Institutions and Charitable
Endowments Act, 1997 which in turn repealed the laws
which occupied the field vide Entry 28 of List III of the
Constitution of India. That there was no violation of any
fundamental rights and since the Government has parens
patriae jurisdiction it was necessary to prevent abuse of
administration and to safeguard vast of the properties of
the math and its institutions.
5. Considering the rival contentions learned Single
Judge framed following questions for his consideration,
namely;
(i) Whether the impugned order dated
13.12.2022 whereby the Government in its
exercise of power under Article 162, has appointed
the administrator to the Math and to Vidya Peeta,
is liable to be voided for want of competence.....?
(ii) Whether the petitioner-pontiff facing
criminal cases and presently continuing in judicial
custody, can exercise managerial functions of his
office/position or as the president of the Trust in
question by way of delegation..?
(iii) Whether the impugned order appointing
the Administrator of the Math and institutions, is
voilative of the fundamental rights guaranteed
under Article 26 of the Constitution and therefore,
is liable to be quashed..? "
6. Learned Single Judge by the impugned order
answered the aforesaid questions in the negative primarily
on the premise that, the Math is a religious denomination
and the pontiff is the serving Matadhipathi; that their
fundamental rights both religious and proprietary are
guaranteed under Article 26 of the Constitution of India;
that very pontiffhood has proprietary character that enjoys
protection under Article 300A of the Constitution of India;
therefore the appointment of the Administrator amounts to
substantial interference by the State with the
administration and management of the affairs of both the
Math and the institution.
7. Learned Single Judge while addressing the issue
regarding exercise of power by the State under Article 162
and 31(A) of the Constitution of India, referred to
provisions of the Hindu Religious Institutions and Charitable
Endowments Act, 1997 and Section 1 of Karnataka
Amending Act No.27 of 2011 which excludes maths headed
and managed by Matadhipathi from the purview of the Act,
1997, to hold that despite repeal of the statute there is no
legislative vacuum and the said field continues to be
occupied by law namely, 2011 Act. Considering the fact
that the affairs of the Math being governed by a Registered
Trust, learned Single Judge also opined the provisions of
Section 92 of CPC becomes invokable. Thus, on the basis of
aforesaid broad reasoning learned Single Judge allowed the
writ petitions quashing the impugned Government order
with further observations/directions as noted hereinabove.
8. Aggrieved by the same, one Sri.K.S.Naveen
has filed W.A.No.739/2023, W.A.No.738/2023, and
similarly Sri. H.Ekantiah has filed the Writ Appeals in
W.A.No.665/2023 and W.A.No.675/2023 along with
applications seeking permission to file the same as they
were not parties to the writ petitions. The State has also
filed an appeal in W.A.No.785/2023 aggrieved by the
quashing of the impugned Government Order.
The Vidyapeetha has filed W.A.No.846/2023 being
aggrieved by the observations/directions issued by the
learned Single Judge as noted above.
9. Heard Sri. K.G. Raghavan, learned Senior
Advocate for Sri. P.N.Rajeshwar learned counsel for the
appellant in W.A.No.739/2023 and W.A.No.738/2023,
Sri.Akash V.T, learned counsel appearing for the appellant
in W.A.No.665/2023 and W.A.No.675/2023.
Sri. Shashikiran Shetty, learned Advocate General and Sri.
Vikram Huilgol, learned Additional Advocate General for the
State which is the appellant in W.A.No.785/2023,
Sri.Udaya Holla, learned Senior Advocate appearing for
Sri.Channabasappa S.Nandihal, learned counsel for
respondent Nos.1 and 2 in W.A.No.675/2023,
W.A.No.738/2023 for respondent Nos. 10 and 11 in
W.A.No.785/2023 (for respondent Nos.1 and 2 in
W.P.No.25318/2022) and Sri. Jayakumar S. Patil, learned
Senior counsel for Sri. S.Kalyan Basavaraj for respondent
Nos.11 and 12 in W.A.No.675/2023 and for respondent
Nos. 8 and 9 in W.A.No.738/2023, and for respondent
Nos.1 and 2 in W.A.No.785/2023 and for appellants in
W.A.No.846/2023.
10. At the outset it is necessary to note that the
State Government even after filing the writ appeal in
W.A.No.785/2023 being aggrieved by quashing of its order
dated 13.12.2022, has now withdrawn the same by another
order dated:30.06.2023. A copy of the said order
withdrawing the order dated:13.12.2022 is placed on
record which reads as under;
"ಕ ಾ ಟಕ ಸ ಾ ರದ ನಡವ ಗಳ
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......In the above circumstances, I make the following:
i. The question Nos.1, 2 & 3 as framed at paragraph 6, having
been answered in the negative, these Petitions succeed and a
Writ of Certiorari, therefore, issues quashing the impugned
order whereby the Government had appointed the
Administrator,
ii. In the peculiar circumstances of the case, the Administrator
shall continue; for a short period of six weeks only with no
power to take any major decision that would have
repercussions beyond the said period and, that he shall manage
only the day to day affairs;
iii. The above interim arrangement has been made so that the
devotees of the Mutt and the prominent members of the
community concerned would pool their wisdom & virtue to
devise an appropriate plan of action for the due administration
& management of the affairs of Mutt and the educational
institutions run under its aegis, on a war footing,
iv. The option of the devotees and community members to
seek relief/ redressal in terms of Section 92 of CPC is not
foreclosed, arguably, their being a case for that end, and that
all contentions in that regard are kept open; Nothing observed
in this order shall cast its shadow on such proceedings,
particularly when the rights of Mutt & its Pontiff have been
adjudged in the light of constitutional guarantees vis-à-vis
government, and, none else.
v. This Court places on record that, it is conscious of the
practical difficulties the Mutt and its institutions have been put
to because of the Pontiff's continuance in judicial custody and
that his meditate administration through delegates/agencies, is
a poor solace & substitute for the effective administration and
management, to say the least.
vi. Costs made easy.
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ಒದ*ಸಲು ೋ! ೆ".
11. It is vehemently contended by Sri Jayakumar S.
Patil., and Sri. Udaya Holla Learned Senior Counsel on
behalf of the petitioners that since the impugned
Government Order dated:13.12.2022 has now been
withdrawn as above, the writ appeals in W.A.No.739/2023,
W.A.No.665/2023, W.A.No.675/2023 and W.A.No.738/2023
have become infructuous rendering the same a mere
academic issue. On the other hand it is contended on
behalf of the appellants that since the directions issued by
the learned Single Judge reserving liberty to evolve plan of
action or adopt recourse to Section 92 of C.P.C concerning
to administration and management of the math and the
Vidyapeeta, restoration of the impugned Government Order
is necessary till a proper alternate arrangement is made for
their due management and administration.
12. Though learned Senior counsel for the respective
private parties and learned Advocate General and learned
Additional Advocate General for the State vehemently made
submissions for and against the reasoning and the
conclusions arrived at by the learned Single Judge in the
impugned order, what has been essentially missed out in
the submission before this Court as well as before the
learned Single Judge is the fact that the Vidyapeeta, which
is the petitioner No.1 in the writ petitions has been
registered under the provisions of the Mysore Registration
Act, 1960. A certificate of registration dated 21.06.1966
is produced as Annexure-B, along with Bye-laws, Rules and
Regulations Governing its management and administration.
13. As regards the Math, petitioner No.2 in the writ
petitions is concerned, admittedly one Sri.Basava Prabhu
Swamiji of Viraktamath, Davanagere, has been appointed
as prabhavi peetadhipathi until further orders by the
present Peetadhipathi Pontiff to carryout religious and
traditional affairs of the Math.
14. It is categorically submitted Sri. K.G. Raghavan
by learned senior counsel for appellants that they are not
seeking any relief as regards the religious affairs of the
math and their concern is only with regard to affairs of the
Vidyapeeta. This is on the basis that the Vidyapeeta
consists of several educational and other institutions having
thousands of students/employees/staffs, receiving
Government aids involving public interest at large. It is
further contended that a distinction between the secular
and the religious aspect of the math is necessary for
applying the test of Article 25 and 26 of the Constitution of
India. It is also contended that a recourse to Section 92 of
C.P.C is inadequate. That apart even if the Vidyapeeta is
registered under the Societies Registration Act as regards
the assets of the math exercise of power by the State under
Article 162 is still imperative.
15. In response Sri. Jayakumar S. Patil
learned senior counsel for the math and the Vidyapeeta
submitted that all the institutions of the Vidyapeeta have
been established and being run on the properties of the
math and in a way they are inseparable. It is also
contended that mere incarceration of the pontiff would not
take away his fundamental rights to govern and administer
the affairs of the math which includes its institutions.
16. The fact remains in view of the above undisputed
fact of the Vidyapeeta having been registered under the
provisions of Societies Act, this Court is of the view that
consideration of the submissions made at the Bar on behalf
of the contesting parties and analyzing the reasons and
findings rendered by the learned Single Judge in the
impugned order on the issue of exercise of power by the
State under Article 162 and 31(A) of the Constitution of
India or the applicability of provisions of Section 92 of CPC
becomes academic. Firstly, because provisions of Article
162 or Section 92 of CPC becomes invokable only in the
absence of a "law" occupying the field. Secondly, because
there is no dispute with regard to the applicability of the
provisions of the Societies Registration Act which would
govern the field in the matters of administration,
management or otherwise of a Society and in the present
case of the Vidyapeeta.
17. Therefore, the points that arise for our
consideration are;
(i) Whether the State Government is justified in
issuing the impugned Government order dated
13.12.2022 in exercise of power under Article
162 and 31(A) of the Constitution of India in
view of the Vidyapeeta having been registered
under the provisions of the Societies Registration
Act, 1960 and having its own Rules, Regulations
and Bye-laws framed thereunder being available
and applicable?.
(ii) Whether the reasoning, findings,
observations/ directions given by learned Single
Judge in the impugned order have been rendered
otiose?.
18. The premise on which the impugned order is
passed by learned Single Judge is that the executive power
may ordinarily be exercised in the absence of any
legislation to support an action and it cannot be so
exercised as to contravene any law relating to matter or
rules having the force of law. That in the instant case in
the light of amendment to the Mysore Religious and
Charitable Institutions Act, 1997 as regards the matter
concerning maths and temples attached to the maths
continues to be occupied by Amendment Act No.27 of 2011
and that if there is any allegation of breach of any express
or constructive trust created for a public charitable or
religious purpose like that of the petitioner-math and where
the directions of the Court is necessary for such trust, a suit
under Section 92 of C.P.C would be maintainable. That it is
further observed by learned Single Judge that since Section
92 of C.P.C thus occupies the field, and as a consequence
the executive power otherwise available to the State under
Article 162 is denuded and therefore impugned order was
without jurisdiction. Having thus held learned Single Judge
proceeded to quash the impugned Government order dated
13.12.2022 with further directions as noted hereinabove.
19. Though the impugned Government order has
been withdrawn subsequently as noted above, the matter
with regard to directions issued by learned Single Judge has
given rise to a situation requiring consideration by this
Court.
20. However, from the records it is now revealed
before this Court that the Vidyapeeta, which is running
several institutions having thousands of students and staffs
and which institutions are established and being run on the
immovable properties belonging to the math, has been
registered under the then Mysore Societies Registration Act,
1960. It is relevant at this juncture to extract the Rules,
Regulations and byelaws of the Vidyapeeta particularly with
regard to administration and management of the institution
which are as under:
Rules and Regulations:
"Administration and Management of the
vidyapeeta: The administration and management
of the Vidyapeetha shall be carried by a Governing
body called Committee of Trustees whose strength
shall be nine apart from the President and the
Secretary. The Jagadguru of Bruhan Mutt,
Chitradurga shall be the President, The President
shall have power to appoint a Secretary, no person
who is below the age of 30 years shall be eligible to
be trustee.
The Governing Body with the consent of the
President may nominate 50 persons as Ex-officio
members from among the sister Educational
Societies and other institutions and well known
personalities.
1. The President of the Vidyapeet has got power to
nominate 2/3 members to the governing body. The
remaining 1/3 members shall be elected by election
to be held once in three years at the general body
meeting.
2. The governing body, may if it so desires, with
the consent of the founder and the president, elect
a Vice-President from among the nominated
trustees.
3. The Committee of the trustees shall decide all
matters in respect of the Vidyapeeta as for as
possible unanimously and in case of difference the
President shall decide and decision shall be final in
all matters.
4. The power and duties of the President: The
president is the supreme authority. He may bring
to the notice of the Governing body matters which
in his opinion are necessary to achieve the main
aims and objects of the Vidyapeeta and take his
own decisions.
5. The power and duties of the Vice-President: In
the absence of the President, the Vice-President
shall preside over all the meetings of the governing
body, but shall not take any decision on any
account. He shall place all matters discussed in the
committee before the President for decision.
6. The power and duties of the Secretary: The
Secretary shall look-after the routine work of the
Vidyapeeta, prepare and maintain accounts and all
matters concerned with the Vidyapeeta and call for
the meetings of the Governing body and the
General body as per direction and suggestions of
the President.
7. The Secretary is allowed to spend Rs.100/-
expenditure over this amount shall be incurred only
with the consent of the President.
AMENDED BYE-LAW
3. Name of the Society:
Sri. Jagadgurumurugharajendra Vidyapeetha
Chitradurga
3. AIMS AND OBJECTS:
a) To establish educational institution such as
Schools, Colleges and other similar educational
institutions of various kinds.
c) To arrange series of Lectures such as seminars
to preach religious and moral principles.
d) To provide research facilities and for publication
of cultural, religious, social and educational
activities.
e) To promote fine-arts and other like objects.
f) To run and manage the colleges and hostels
which are being run in many places, to take over
and run other Schools, Colleges, Technical
Institutions and other Hostels run by Government
of Karnataka/Government of India or any other
Government/Institutions Managements subject to
the rules and regulations of the Vidyapeetha.
g) The Vidyapeetha may take any one or more or
all actions indicated here under or any other action
for the achievement of above objects to the benefit
of all sections of the people irrespective of caste,
creed or colour.
10. The President of the Vidyapeetha has got
power to nominate members to the governing
body.
11. The governing body may if it so desire with the
consent of the President elect a vice president from
among the nominated trustees.
13. The Power and Duties of the President:
The President is the supreme authority. He may
bring to the notice of the governing body matters
which in his opinion are necessary to achieve the
main aims and objects of the Vidyapeetha and take
decisions accordingly.
15. The Power and Duties of the Secretary:
The Secretary shall look after routine work of the
Vidyapeetha prepare and maintain accounts and all
matters concerned with the Vidyapeetha and call
for meeting of Governing Body and General Body.
The Secretary is authorised to approved expenses
of Rs. 100/- this amount shall be incurred only
with the consent of the President.
18. The founder of the Vidyapeets His Holiness
Sriman Maharaja Niranjan Jagadguru Mallikarjuna
Murgharajendra Mahaswamiji and the succeeding
Jagadgurs of Bruhanmatt, Chitradurga shall be the
President of the Governing Body and General Body
meeting for life.
iv) To provide research facilities and for
publications of cultural religious, social and
educational activities.
v) To promote fine-arts, and other like objects
vi) To run and manage the college and hostels
which are being run in many places to take over a
run other schools, colleges, Technical Institutions
and Hostels run by Government of Karnataka,
Government of India or any other
Government/Institutions/Management subject to
the Rules and Regulations of the Vidyapeetha.
vii) To transfer any Educational Institutions partly
or wholly in the management of this Vidyapeeth
with or without assets and liabilities to any other
Management/Trust to run the same.
viii) The trusties may take any one or more or all
actions indicated here under or any other actions
for the achievement of above objects to the benefit
of all sections of the people irrespective of caste.
creed or color.
6. NATURE OF THE INSTITUTION:
a) This shall be a public charitable institution
having no commercial or profit motive. The
properties and income of the institution shall be
applied solely towards the promotion of the objects
for which this institution is created.
b) The Governing Body, with the consent of the
President may nominate 30 persons as Ex-officio
members from among the sister Educational
Societies and other institutions and well known
personalities.
c) the Vidyapeetha may take any one or more
or all actions indicated here under or any other
action for the achievement of above objects to the
benefit of all sections of the people irrespective of
caste, creed or color.
21. Thus, from the above material made available on
record it can safely be said that the Vidyapeeta, its
institutions and assets having been registered under the
Societies Act, having its own rules, regulations and byelaws
extracted hereinabove, is a self contained institution being
governed under the provisions of the Societies Registration
Act which is`a specified law' occupying the field. This
aspect of the matter has missed the attention of the
learned Single Judge as apparently the same not having
been canvassed by the parties though a subtle reference is
made in the pleadings in the writ petition.
22. On a query by this Court whether the provisions
of Societies Registration Act are being complied more
particularly with regard to submitting annual returns,
conducting of Annual General Body Meeting etc., learned
Senior counsel appearing for Vidyapeeta Sri.Jayakumar
S.Patil, responded in the affirmative and on instructions
submitted the annual returns of the Vidyapeeta are being
submitted regularly and that the last Annual General Body
Meeting was conducted on 01.09.2022.
23. Sri.Udaya Holla, learned Senior counsel
appearing in W.A.No.675/2023 for respondent Nos.1 and 2,
bringing attention of this Court to Annexure-R-3 produced
along with statement of objections filed by respondents 1
and 2 to the W.A.No.785/2023 submits that subsequent to
order passed by the learned Single Judge and in pursuance
to the direction thereof a meeting was convened on
28.05.2023 at Mahalingaswamy Convention Hall. That in
the said meeting which was conducted with the
participation of devotees of math, leaders of Lingayath
Samaj, leaders of other Samaj, Director, leaders of Basava
Kendra & Legislators, it was unanimously decided by the
participants that the entire responsibility of the
administration of the math and the Vidyapeeta be handed
over to Sri.Basavaprabhu Swamy, who has been appointed
by Sri.Shivamurthy Murugha Sharanaru Swamiji, the
present Peetadhipathi pontiff on 15.10.2022. That it was
further resolved to constitute a temporary Administrative
Committee consisting of prominent members of the
community. Accordingly, a committee consisting of 18
members with the said Sri.Basava Prabhu Swamy as
Director, Sri.H.S.Shivashankara as Deputy Director and
K.C.Veerendra (papi) as Secretary and the rest of them as
members have been appointed as an "Overseeing
Committee". That the said committee would function
overseeing the administration of the Vidyapeeta by the
committee which was constituted in terms of the Rules,
Regulations and Byelaws registered under the Societies Act.
24. Sri.Udaya Holla, learned Senior counsel further
submitted that in the absence of any allegation of
misappropriation, mismanagement or breach of trust, it
was not necessary or justified for an appointment of
administrator in the first place by the State Government,
and now that the said Government Order appointing
administrator having been withdrawn the entire exercise
including the impugned order passed by the learned Single
Judge would be of no avail. That apart in view of
committee having been constituted subsequent to the order
of learned Single Judge which would work as a overseeing
committee, the apprehension of the appellants stands
redressed. Thus, he submits there is no requirement of
seeking continuation either of administrator or seeking any
recourse under Section 92 of C.P.C.
25. Sri.K.G.Raghavan, learned Senior counsel
appearing in W.A.No.785/2023 as well as Sri.Jayakumar S.
Patil, learned Senior counsel do not dispute that a
committee as per Annexure-R-2 referred to hereinabove is
in place. They also do not dispute that in the absence of
the pontiff until conclusion of the trial that is being faced by
him the interest of the Vidyapeeta and its institution would
be taken care by the Overseeing Committee and the
committee which is in place in terms of the rules,
regulations and byelaws registered under the Society.
26. However, Sri.K.G.Raghavan, learned Senior
counsel insisted that though committee has been appointed
as above, the Vidyapeet and its institution still remain
without any head. He reiterates that the math itself own
several immovable properties and they do not come under
the provisions of Societies Registration Act as in the case of
the Vidyapeeta. Hence, he submits that a necessary
arrangement needs to be made in the place of the pontiff
till the issue of his trial is resolved.
27. In response, Sri.Jayakumar S. Patil, learned
Senior counsel submits that there is no need to appoint any
head either for the math or Vidaypeeta inasmuch as
`prabhavi peetadhipathi' has already been appointed who
would be functioning under the guidance of the
peetadhipathi/matadhipathi. He further submits any such
arrangement would amount to enlarging the scope of writ
petition which is not permissible and that in any event since
a Overseeing Committee has been appointed the same
would take care of the Vidyapeeta as well as the math.
28. In the light of the aforesaid submissions made
with reference to the Vidyapeeta, its byelaws, rules and
regulations and also constitution of "Overseeing
Committee" on 28.05.2023 as above it is necessary to note
that in terms of rules and regulations of the Vidyapeeta, the
management and administration of the Vidyapeeta shall be
carried on by governing body of which the Jagadhguru of
the Bruhan Math shall be the President, who shall be the
supreme authority. Even though in his absence the Vice
President is authorised to preside over all meetings of the
governing body, in the first place such Vice President needs
to be appointed with the permission of the President,
secondly, the Vice President has no authority to take
decision on any count and he shall place all matters
discussed in the committee before the President for the
decision. In other words though committee constituted as
per bye-laws registered under Societies Act has all the
traits of an organization requiring administration and
management of any institution, however, in the instant
case the President being the supreme authority and no
decision can be taken by anyone except the President. This
situation puts the entire issue of administration and
management at the hands of the President who is the
pontiff presently incarcerated. As rightly taken note of by
learned Single Judge that the practical difficulties, the math
and the Vidyapeeta have been put to because of the
pontiff's continuous judicial custody and his meditate
administration through delegates/agencies is a poor solace
and the substitute for effective administration and
management to say the least, we are also of the considered
opinion that though Vidyapeeta has its rules, regulations
and byelaws for its effective administration, the President
continuous to be the supreme authority and even the Vice
President in his absence is not empowered to take any
decision. Constitution of "overseeing committee" though
may lend some semblance of credibility with regard to
apprehension of devotees of math and other prominent
members of the community being taken care yet may not
be effective substitute to discharge the functions and duties
of "the President" as contemplated under the byelaws.
Inasmuch as even in the meeting held on 28.05.2023 there
seems to be no change in the position with regard to
presidentship, change in the post of President or the
appointment of a President has to be in terms of the bye-
law, Rules and Regulations of the Vidyapeeta. It is for this
sole reason and under the unfortunate peculiar situation,
also in the interest of vast number of institutions, students,
staff and the public at large we deem it appropriate that
along with the members of the Overseeing Committee
appointed in the meeting dated 28.05.2023 an additional
member be included with power to take decisions which
were required to be taken by the President.
29. It is necessary at this juncture to note that by
order dated 03.07.2023 this Court had directed learned
District and Principal Judge, Chitradurga to take charge as
administrator of the Math and the Vidyapeeta effective from
11.30 a.m. of 04.07.2023. He was also directed to manage
the affairs relating to day-to-day activities of the
Vidyapeeta and Math but not to take any policy decision.
The Deputy Commissioner, Chitradurga was directed to
render necessary human resource and secretarial
assistance to the learned District and Principal Judge in that
regard. Now that in view of a Overseeing Committee
having been constituted on 28.05.2023 with entire
responsibility and administration of math and Vidyapeeta
having been handed over to Sri.Basava Prabhu Swamy, this
Court is of the opinion that the learned District and
Principal Judge shall also continue to oversee the
administration and management of math and Vidyapeeta.
30. This requirement is only till a necessary
alternate arrangement is made appointing a President in
terms of bye-law, Rules and Regulations of the Vidyapeeta
who would be capable to taking decisions and carry on with
the administrative responsibility of the Vidyapeeta. It is
made clear that upon such appointment of the President of
the Vidyapeeta, the role of Principal District Judge would
come to an end without reference to this Court.
31. Needless to state that in view of the aforesaid
admitted position that the Vidyapeeta, its institution and
assets have been subjected to provisions of the Societies
Registration Act, 1960 the provisions of the said Act may be
invoked if and when the situation warrants for the purpose
of management, functions and administration of the
Vidyapeeta including for alteration and amendment of the
bye-law, Rules and Regulations in accordance with law.
32. This oblivates the situation warranting recourse
by the State to Article 162 and 31(A) of the Constitution of
India as well as recourse to Section 92 of C.P.C. In that
view of the matter, the impugned order to the extent
directions issued by learned Single Judge to device a plan
for effective administration of the institution or to invoke
provisions of Section 92 of C.P.C would not hold
significance.
With the above observations, the writ appeals are
disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
SBN
