2013 (2) AKR 478 ::AIR 2013 (NOC) (SUPP) 670 (KAR.)

Karnataka High Court

Hon'ble Judge(s): D. B. Bhosale , J

(A) Mysore Hindu Religious and Charitable Endowments Act (1927) S. 26 , 27 — Order of taking over of management of institution or appointment of administrator — Opportunity of hearing to mutt/muthadhipathi — Not necessary Constitution of India, Art 14 {" The provisions of Ss. 26 & 27 do not provide for or suggest an opportunity needs to be a double opportunity, i.e. at the stage of an enquiry contemplated by S. 26 and again while taking over the management of the institution as contemplated by S. 27. Looking at these provisions from any angle, fresh opportunity for taking over the management as contemplated by S. 27 is not necessary and the principles of natural justice stand satisfied / fulfilled if the opportunity was given during the enquiry contemplated by S. 26. (Para 13) "}

(B) Karnataka Hindu Religious Institutions and Charitable Endowments Act (33 of 2001) S. 78 — Scope, of — Enquiry Proceedings commenced under Ss 26, 27 of old Act — No express provision in S 78 of new Act for continuance of such proceedings after repeal of old Act — However, no different intention of legislature appearing either in S 78 or any other provision of new Act — Therefore, S 6 of Karnataka General Clauses Act gets attracted — Proceedings under old Act are saved under S 78(2) of new Act Karnataka General Clauses Act (3 of 1899) S 6 (Para 31)

(C) Karnataka Hindu Religious Institutions and Charitable Endowments Act (33 of 2001) S. 2 (16) — Right of matadhipathi to administer mutt properties — Cannot be termed as fundamental right under Constitution — Order of appointing administrator — Would not amount to taking away fundamental rights under Art 26 of Constitution Constitution of India, Art 26 {" The rights which are conferred upon Mutt/denomination cannot be termed as a fundamental right of matadhipathi, who is the head of spiritual fraternity. Art 26 of the Constitution clearly provides that every ' œreligious denomination' ‌ or ' œany section thereof shall have the right to establish and maintain institution for religious and charitable purpose to manage its own affairs in the matter of religion; to own and acquire moveable and immoveable property; and to administer such property in accordance with law. The word ' œdenomination' ‌ as defined in clause 16 of the new Act means a collection of Hindu individuals or devotees classed together under the same name, a Hindu religious sect or sub-sect or body or a section thereof or a spiritual fraternity represented by it having a common faith, rituals, observances, ceremonies and mode of which is designated by a distinctive name. Mathadipati/Peethadiati could be, at the most, a part of the religious denomination or their representative. Even if it is accepted that he has the right to administer the mutt proper....