1954 (8) TMI 43

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..... d framed a scheme for the administration of the temple and its properties. With certain modifications effected in 1945, the scheme was in operation till 1949, when the scheme was further modified by the District Court. The present petition has been filed to issue a writ prohibiting the Commissioner of the H. R. E. and two other respondents from enforcing against the petitioners the provisions of t .....

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..... d another as Vice-President. The President shall take the chair at all meetings and in his absence the Vice-President. It is noticed that neither the President nor the Vice-President has any powers worth mentioning. The Manager is also to be a member of the Board of Trustees and he is entitled to be present at the meetings and to vote. If in his opinion a resolution passed by the trustees prejudic .....

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..... ith the temple is a festival of four weeks' duration. One month before the beginning of the festival the trustees are required to submit to the Board a special budget for its sanction. No expenditure which is not sanctioned by the Board may be incurred for the festival. To cap all this, paragraph 34 of the scheme says that the Board shall have power to issue directions regarding the internal m .....

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..... schemes, the Court observed In (A) as follows: In the result, we must hold that the provisions in the schemes in so far as they encroach upon the rights of the petitioners as hereditary trustees are void under Article 19(1)(f) of the Constitution. At one stage of the arguments it was suggested to me that I might indicate the provisions of the scheme which are repugnant to Artic .....

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..... ion and the Court is not bound to refuse a writ merely because an alternative remedy exists. This has been held in the case referred to above and also in other cases since decided. 5. As it is not possible to salvage any part of the scheme the whole of it must be set aside. A writ will issue to this effect. The petitioners will get their costs from the third respondent. .....

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