Case Note & Summary
The appeal arose from the removal of the Mathadhipathi of Sri Swamy Hathiramji Mutt, Tirupati, under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. The appellant, Arjun Dass, had been associated with the Mutt since 1970 and was appointed permanent Mahant in 2000. In 2017, following newspaper reports, an enquiry was initiated. Despite earlier interim orders protecting his position, the Dharmika Parishad, constituted in 2022 under Section 152 of the Act, framed 16 charges and suspended him in June 2023. An enquiry committee found all charges proved. The appellant challenged the proceedings, alleging non-supply of documents and lack of adequate opportunity. The High Court dismissed his writ petition, affirming the removal. The Supreme Court granted special leave to appeal. The case involves issues of procedural fairness, the statutory scheme for removal of religious heads, and the validity of the Dharmika Parishad’s constitution, which is under separate challenge.
Headnote
A) Endowments Law - Mathadhipathi Removal - Section 51(4) A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 - The Dharmika Parishad removed the Mathadhipathi after an enquiry in which all 16 charges were found proved. The High Court affirmed the removal, and the Supreme Court granted leave to appeal. (Paras 15-21) B) Constitutional Law - Challenge to Vires - Section 152 A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 - A separate writ petition challenging the vires of Section 152 (constitution of Dharmika Parishad) is pending before the High Court, raising questions about the validity of the body that ordered removal. (Para 13) C) Procedural Law - Natural Justice - Non-supply of documents and denial of reasonable time in a disciplinary enquiry may vitiate the proceedings; the appellant alleged violations of natural justice. (Paras 18-19)
Issue of Consideration
Whether the removal of the Mathadhipathi and related orders were legally valid, and whether the High Court erred in affirming them
Final Decision
Not mentioned (Leave granted; appeal pending final decision)
Law Points
- Removal of Mathadhipathi under Section 51(4)
- suspension under Section 52
- appointment under Section 53(1)
- disposal of property under Section 80
- constitution of Dharmika Parishad under Section 152
- principles of natural justice in disciplinary enquiries
