High Court of Karnataka Quashes Government Order Appointing Non-Hereditary Trustees to Religious Math in Violation of Section 18 of Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997. Hereditary trustees' rights upheld; appointment set aside for non-compliance with statutory procedure.

High Court: Karnataka High Court Bench: BENGALURU In Favour of Accused

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2026-05-19 01:00:39

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Case Note & Summary

The petitioners, Shree Ramachandrapura Math and its Peetadhipathi, challenged the order dated 12.07.2023 passed by the State of Karnataka appointing non-hereditary trustees to the Math. The Math is a religious institution governed by the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997. The petitioners claimed that they are hereditary trustees and that the appointment of non-hereditary trustees without their consent and without following the procedure under Section 18 of the Act was illegal. The respondents, including the State and the appointed trustees, argued that the appointment was made in the interest of the institution. The court analyzed Section 18 of the Act, which provides for appointment of trustees and emphasizes hereditary rights. The court found that the impugned order did not consider the hereditary claims of the petitioners and was passed without giving them an opportunity of being heard. The court quashed the order and directed the State to reconsider the matter in accordance with law, after hearing all interested parties. The judgment was pronounced on 23.01.2024 by Justice M. Nagaprasanna.

Headnote

A) Religious Endowments - Hereditary Trusteeship - Section 18 of Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 - Appointment of Non-Hereditary Trustees - The State Government appointed non-hereditary trustees to Shree Ramachandrapura Math without considering the hereditary rights of the petitioners. The court held that the appointment was in violation of Section 18 which mandates that trustees shall be appointed from among persons having hereditary interest, and that the petitioners, as hereditary trustees, were entitled to be heard. The impugned order was quashed. (Paras 1-30)

B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of Constitution of India - Quashing of Government Order - The court exercised its writ jurisdiction to quash the order dated 12.07.2023 passed by the State Government, as it was arbitrary and contrary to the provisions of the Act. (Paras 1-30)

Issue of Consideration

Whether the State Government's order appointing non-hereditary trustees to a religious math is valid under Section 18 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997, and whether the petitioners have a right to be heard before such appointment.

Final Decision

The writ petitions are allowed. The order dated 12.07.2023 passed by the State Government is quashed. The matter is remitted to the State Government for fresh consideration in accordance with law, after hearing all interested parties.

Law Points

Hereditary trusteeship
Section 18 of Karnataka Hindu Religious Institutions and Charitable Endowments Act
1997
Appointment of non-hereditary trustees
Religious institution management
Writ jurisdiction under Articles 226 and 227

Case Details

2024 LawText (KAR) (01) 41

Writ Petition No.18330 of 2023 (GM – R/C) and Writ Petition No.19823 of 2023 (GM - RES)

2024-01-23

M. Nagaprasanna

Sri. Manmohan P.N. for petitioners; Sri. K.Shashikiran Shetty, AG, Sri. H.V.Bhanuprakash, AAG, Smt. Navya Shekhar, AGA for respondents 1-4; Sri. Arjum Rao for respondents 5-8

Shree Ramachandrapura Math and Shreemad Jagadguru Shankaracharya Shree Shree Raghaveshwara Bharati Swamiji

The State of Karnataka, Secretary Department of Revenue, Commissioner for Hindu Religious Institutions and Charitable Endowments, Deputy Commissioner Uttara Kannada District, and others

Nature of Litigation

Writ petition challenging government order appointing non-hereditary trustees to a religious math.

Remedy Sought

Quashing of order dated 12.07.2023 appointing non-hereditary trustees.

Filing Reason

The petitioners, claiming to be hereditary trustees, alleged that the appointment was made without following Section 18 of the Act and without hearing them.

Issues

Whether the appointment of non-hereditary trustees violates Section 18 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997. Whether the petitioners were entitled to be heard before the appointment.

Submissions/Arguments

Petitioners argued that they are hereditary trustees and the appointment of non-hereditary trustees without their consent is illegal. Respondents argued that the appointment was made in the interest of the institution and as per law.

Ratio Decidendi

The appointment of non-hereditary trustees without considering hereditary rights and without following the procedure under Section 18 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 is illegal and arbitrary. Hereditary trustees have a right to be heard before such appointment.