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Sree Vyasasramam, Endowment Department, Fit Person, Writ Petition, A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987, Article 26, Natural Justice, Mathadhipathi, Ashramam, Jurisdiction
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20 Dec, 0024
Listen in 02:00 mins | Read in 28:30 mins
As per case facts, an Ashramam faced false allegations after removing an individual for misappropriating donations. Despite inquiries finding allegations baseless, the Endowment Department continued to pursue the matter, appointing
...an In-charge for the Ashramam without prior notice. The Ashramam challenged this, arguing the department lacked statutory power and jurisdiction to interfere with its administration and bank accounts. The question arose whether the Endowment Commissioner possessed the authority to appoint an In-charge and interfere with the Ashramam's affairs under the general powers of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987, when specific provisions exist for filling vacancies. Finally, the Court ruled that the Commissioner's general powers are subject to specific provisions of the Act concerning Matadhipathi vacancies. It declared the department's actions illegal and arbitrary, directing them not to interfere with the Ashramam's administration or bank account operations, as the power exercised must be clearly traced to law.
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