Sri Kanyaka
Parameswari Anna Satram Committee & Ors Vs. The Commissioner, H.R.C. &
E. & Ors [1997] INSC 354 (27 March 1997)
K.
RAMASWAMY, G.B. PATTANAIK
ACT:
HEADNOTE:
WITH
CIVIL
APPEAL NOS. 8535/94 AND 1341/89 AND CIVIL APPEAL NO. 2718 OF 1997 [Arising out
of SLP (C) No. 8437/97 (CC-1840/89) O R D E R CA NOS.1340/86, 8535/94 & CA
NO.2718/97 [Arising out of SLP (C) No. 8437/97 (CC-1840/89) Delay condoned and
leave granted in the special leave petitions, Application for intervention is
dismissed.
The
controversy raised in this appeal is covered by the judgment of this Court in
Sri Adi Visheshwara of Kashi Ors. [(1997) 3 SCALE 1) In the present case, the
appellants Satram Committee claimed the status of as a denominational temple
under Article 26 (d) of the constitution. The High Court has held that they
have the denominational status, but, nonetheless, it was negatived on the
ground that the Managing Committee would be appointed with non-official and
official members under the A.P Charitable and Religious Institutions Endowment
Act. Thus, the appellants claimed the status of a denominational one and the
Government has questioned the later direction. Admittedly, the Arya Vysya
Community is having as many as 102 gotras. In other words, they are
representing a large segment of Hindus worshipping Goddess Matha Kanyakaparameswari.
In the above cited case, the claim was that the Hindus who worship God Shiva
constitute a denominational section entitled to the benefit of Articles 26(b)
and 26(d) of the Constitution. A Bench of three Judges, to which both of us
were members, had considered the matter in detail and held that Hindu
Worshippers of God Shiva are not a denominational section and, therefore, they
are not entitled to the benefit of Articles 26 (b) and 26 (d) of the
Constitution for management of the Temples.
Following
the above ratio, we hold that the Hindu sections of the Arya vysya Community
who worship Goddess Matha Kanyakaparameswari are not denominational section for
the purpose of Articles 26(b) and 26(d) of the Constitution. As a consequence,
it is an institution Covered by the provisions of the Endowments Act.
Accordingly, they are entitled to be administered in the light of the law laid
State of A.P. [(1996) 2 SCC 498].
The appeal
are accordingly dismissed. No costs.
CA NO.
1341/86 Following the above ratio, this appeal is allowed. No costs.
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