Permanently Vesting Secular Functions Of Mathadhipati In Govt Officer Denies Concept Of Mahantship; Violates Article 26: Supreme Court

The Supreme Court has held that the State cannot permanently separate the religious and secular functions of a Mathadhipati and vest the latter in a government-appointed administrator, observing that such an arrangement would amount to a denial of the very concept of Mahantship protected under Article 26 of the Constitution.A Bench comprising Justice JK Maheshwari and Justice Atul S Chandurkar made the observations while setting aside the Andhra Pradesh Government orders for the removal of Arjun Dass as the Mathadhipati of the historic Sri Swamy Hathiramji Mutt in Tirupati, and quashing orders appointing a "Fit Person" to administer the Mutt.Referring to precedent in Shirur Mutt, the Court noted that in the conception of Mahantship, both the elements of office and property, of duties and personal interest, are blended together and neither can be detached from the other.The Mahant is not merely the manager of the temporalities of the Mutt rather, he is the spiritual head and superior of a fraternity of disciples, charged with the propagation of the doctrines of the sampradaya to which the math belongs. The Court said that this concept is recognized by the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987"The conception of Mahantship" combines both spiritual and temporal responsibilities, the Court said, adding that "both the elements of office and property, of duties and personal interest, are blended together and neither can be detached from the other."The Court further held: "Any arrangement which seeks to permanently bifurcate the religious functions of a Mathadhipati from the administrative and secular functions, or which vests the latter in a 'Fit Person' or a Custodian for an indefinite period notwithstanding that the lawful Mathadhipati continues in office, would amount to a denial of the very concept of Mahantship."Emphasising the constitutional protection available to religious denominations under Article 26, the Court said that while the State may regulate the administration of religious properties through valid legislation, deprivation of the office of a spiritual head can be carried out only through procedures that are "demonstrably fair, neutral, and minimally invasive."BackgroundThe case arose from proceedings initiated against Arjun Dass, the 21st Mahant of Sri Swamy Hathiramji Mutt, a prominent religious institution associated with the Tirumala temple. Arjun Dass has been associated with the Mutt since 1970 and was appointed permanent Mahant in 2000 after being recognised by the Akhil Bharatiya Sri Panch Digambar Ani Akhada Panchayat as the sole surviving disciple of his predecessor. His tenure, however, witnessed prolonged disputes with the Andhra Pradesh Endowments Department. In 2003, the Department attempted to set aside his appointment and retain control over the Mutt's secular affairs. The Andhra Pradesh High Court later directed that management of the Mutt's secular affairs and properties be handed over to him, a direction implemented through a government order in 2006. Fresh proceedings were initiated in 2017 following newspaper reports alleging irregularities in the administration of the Mutt. After several rounds of litigation, the Andhra Pradesh Dharmika Parishad, constituted under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, resolved in May 2023 to initiate disciplinary proceedings against Arjun Dass. On June 8, 2023, the Parishad simultaneously framed 16 charges against him, suspended him from office and appointed a "Fit Person" to administer the Mutt. The Endowments Department also took physical possession of the Mutt office and the Mahant's residence. The charges included allegations of unauthorised dealings with Mutt properties, acquisition of personal assets, misappropriation of funds, nepotistic appointments, failure to protect Mutt properties, and other acts of maladministration. An enquiry committee constituted by the Dharmika Parishad found all 16 charges proved. Based on the report, the Parishad removed Arjun Dass from office in November 2023, a decision subsequently confirmed by the State Government. The Andhra Pradesh High Court largely upheld the removal order, prompting Arjun Dass to approach the Supreme Court.Proceedings Vitiated By Violations Of Natural JusticeAllowing the appeal, the Supreme Court held that the removal proceedings suffered from multiple and fundamental violations of natural justice.The Court found that the 27-page charge memo and 29 supporting documents running to more than 600 pages were never properly supplied to the appellant despite repeated requests. It rejected the State's contention that service had been effected by affixing documents at the Mutt premises, noting that the authorities themselves had already taken possession of those premises.Describing the State's argument as a "legal absurdity", the Court observed that authorities could not dispossess a person...

Permanently Vesting Secular Functions Of Mathadhipati In Govt Officer Denies Concept Of Mahantship; Violates Article 26: Supreme Court

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The Court set aside the AP Govt orders removing Arjun Dass as the Mathadhipati of the historic Sri Swamy Hathiramji Mutt in Tirupati.

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Permanently Vesting Secular Functions Of Mathadhipati In Govt Officer Denies Concept Of Mahantship; Violates Article 26: Supreme Court

LIVELAW NEWS NETWORK

The Court set aside the AP Govt orders removing Arjun Dass as the Mathadhipati of the historic Sri Swamy Hathiramji Mutt in Tirupati.

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

LIVELAW NEWS NETWORK

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Our subscribers