Case: Kakinada Annadana Samajam Etc Vs. Commissioner Of Hindu Religious &amp; Charitableendowments, Hy

of Arts 19 (1) (f) and 31 (2) could not be sustained. One of the features common to that case and the present one is that the management had been transferred from the sole control of the Raja to the control of a committee. This was regarded as a purely secular function which did not carry with it any right to property and could not be hit by Art. 19 (1) (f). 12. It is true that in the latest decision of this Court in Sambudamurthi Mudaliar v. State of Madras, (1970) 2 SCR 424 , it was taken to be well established that the office of a hereditary trustee is in the nature of property and this is so whether the trustee has beneficial interest of some sort or not. This observation, we apprehend, was not necessary for a decision of that case. There the question was whether the appellant was a hereditary trustee within the meaning of Section 6 (9) of the Madras Act 1961 and there was no discussion or determination of the point that the office of the hereditary trustee was property within Art 19 (1) (f) or any other Article. Nor do we consider that the various pronouncements of the Privy Council that the rule in the Tagore case, (1872) 9 Beng LR 377 (PC) am plies to succession of hereditary trustees can afford much assistance in deciding whether an office holder who has a bare right of management can claim to have any right or interest in the nature of property within the meaning of Art. 19 (1) (f).Following the principles laid down in the Tilkayat, (1964) 1 SCR 561 = (AIR 1963 SC 1638 ) and Raja Birakishore, (1964) 7 SCR 32 = (AIR 1964 SC 1501 ) cases we are unable to endorse the view that the office of hereditary trusteeship is property within Art. 19 (1) (f) or any other Article of the Constitution. 13. We may add that even if it was held that the rights in question constituted property their regulation by the relevant provisions of the Act would undoubtedly be protected by Art. 19 (5). We have no hesitation in concurring with the decision of the High Court that restrictions which have been imposed by the provisions of the Act on the hereditary trustees are reasonable and are in the interest of the general public. The power to appoint non-hereditary trustees or Executive Officers where there is already a hereditary trustee or trustees notwithstanding there is no mismanagement is only for the purpose of ensuring better and efficient administration and management of the institution or endowment. Non-hereditary trustees have been associated with the hereditary trustee who has not been removed from his office. As a matter of fact complete safeguards have been provided for ensuring that he retains his office. He or one of the hereditary trustees has to be the Chairman of the Board. He has various powers under the provisions of the Act already noticed. All that can be said is that instead of managing the institution alone he has to administer it in collaboration with other trustees who are non-hereditary. In matters of religion such a puja, dittam, rituals etc. there can be no interference. It has been provided in categorical terms that the same must be continued to be performed according to Agansastras or usage or custom prevalent in the institution. It is only the secular aspect that has been touched and there can be no manner of doubt that the same has been done in interest of better and efficient administration. It must be remembered that the legislation relating to public and charitable institutions or endowments has taken place as a result of careful deliberation by high powered bodies. 14. In the report of the Hindu Religious Endowment Commission prescribed over by Dr. C. P. Ramaswami Iyer which was appointed in March 1960 it has been pointed out that legislation relating to endowments became necessary in the States as a result of the almost invariable mismanagement of the endowment properties of temples by the trustees, misappropriation of the funds of the endowment for purposes unconnected with the original aims and objects of such endowments, utilisation of funds of the endowment by the trustees or managers for their personal purposes etc. All this fuller supports the decision of the High Court that the restrictions which have been placed on the hereditary trustees as also on others in whom the management of the institution in question vests are reasonable and in the public interest Thus the appellants cannot succeed on the principal point which has been argued before us. 15. A faint attempt was made to sustain the attack under Arts. 14 and 26 (d) of the Constitution but finally hardly any arguments were addressed worth noticing, on these points It is unnecessary to deal with individual appeals some of which were filed by societies registered under the Societies Registration Act i.e. Civil Appeal No. 1249 of l970. C. A No. 1271 of 1970 by the Municipal Council. Visakhapatnam, related to the Turners Choultry which, according to the Municipal Council was its private property. So far as the validity of the impugned provisions is concerned the same must be sustained in these cases on the same reasoning as in the case relating to the hereditary trustee. The High Court has rightly left open the question whether the Turners Choultry is a private or a public charitable institution. This the Municipal Council is entitled to agitate before the Deputy Commissioner under S. 77 of the Act. Before the High Court some of the Writ Petitioners had claimed that their institutions were religious denominations within Article 26 and were therefore entitled to the protection guaranteed by that Article. The High Court has, quite rightly, observed that these matters should be agitated in a proper forum and they have been left open for determination if and when so desired. This indisputably was the correct course to follow :

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]It was his duty and responsibility to appoint the staff and take disciplinary action whenever necessary and to regulate the expenditure and carry out generally the objects of the charitable institution or endowment. By the appointment of a Board of trustees the hereditary trustee can no longer manage and exercise control over the institution alone or in association with other hereditary trustees. He has to share the management and responsibility with other members of the Board who may be drawn from the section or faction which may be politically motivated and may be hostile to him. The appointment of the Board, it is pointed out, rests with the Government, the Commissioner or the Deputy Commissioner, as the case may be and although hereditary trustee or trustees have to be included in the Board, the entire administrative power is vested in the Executive Officer. This officer is a permanent Government servant and the Board or the trustee cannot either remove him or take any disciplinary action against him which means that the Board or the trustee cannot exercise any effective control over him. The Executive Officer can in certain eventualities even refuse to implement orders of the Board. The hereditary trustee has thus been left only with what may be called the husk of the title and his right to hold property has been seriously interfered with13. We may add that even if it was held that the rights in question constituted property their regulation by the relevant provisions of the Act would undoubtedly be protected by Art. 19 (5). We have no hesitation in concurring with the decision of the High Court that restrictions which have been imposed by the provisions of the Act on the hereditary trustees are reasonable and are in the interest of the general public. The power to appoint non-hereditary trustees or Executive Officers where there is already a hereditary trustee or trustees notwithstanding there is no mismanagement is only for the purpose of ensuring better and efficient administration and management of the institution or endowment. Non-hereditary trustees have been associated with the hereditary trustee who has not been removed from his office. As a matter of fact complete safeguards have been provided for ensuring that he retains his office. He or one of the hereditary trustees has to be the Chairman of the Board. He has various powers under the provisions of the Act already noticed. All that can be said is that instead of managing the institution alone he has to administer it in collaboration with other trustees who are non-hereditary. In matters of religion such a puja, dittam, rituals etc. there can be no interference. It has been provided in categorical terms that the same must be continued to be performed according to Agansastras or usage or custom prevalent in the institution. It is only the secular aspect that has been touched and there can be no manner of doubt that the same has been done in interest of better and efficient administration. It must be remembered that the legislation relating to public and charitable institutions or endowments has taken place as a result of careful deliberation by high powered bodies14. In the report of the Hindu Religious Endowment Commission prescribed over by Dr. C. P. Ramaswami Iyer which was appointed in March 1960 it has been pointed out that legislation relating to endowments became necessary in the States as a result of the almost invariable mismanagement of the endowment properties of temples by the trustees, misappropriation of the funds of the endowment for purposes unconnected with the original aims and objects of such endowments, utilisation of funds of the endowment by the trustees or managers for their personal purposes etc. All this fuller supports the decision of the High Court that the restrictions which have been placed on the hereditary trustees as also on others in whom the management of the institution in question vests are reasonable and in the public interest Thus the appellants cannot succeed on the principal point which has been argued before us15. A faint attempt was made to sustain the attack under Arts. 14 and 26 (d) of the Constitution but finally hardly any arguments were addressed worth noticing, on these points It is unnecessary to deal with individual appeals some of which were filed by societies registered under the Societies Registration Act i.e. Civil Appeal No. 1249 of l970. C. A No. 1271 of 1970 by the Municipal Council. Visakhapatnam, related to the Turners Choultry which, according to the Municipal Council was its private property. So far as the validity of the impugned provisions is concerned the same must be sustained in these cases on the same reasoning as in the case relating to the hereditary trustee. The High Court has rightly left open the question whether the Turners Choultry is a private or a public charitable institution. This the Municipal Council is entitled to agitate before the Deputy Commissioner under S. 77 of the Act. Before the High Court some of the Writ Petitioners had claimed that their institutions were religious denominations within Article 26 and were therefore entitled to the protection guaranteed by that Article. The High Court has, quite rightly, observed that these matters should be agitated in a proper forum and they have been left open for determination if and when so desired. This indisputably was the correct course to follow :