Section 59 in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959
59. Suit for removal of trustee of math or specific endowment attached thereto.
(1)The [Commissioner] [Substituted by Tamil Nadu Act 39 of 1996.] or any two or more persons having interest and having obtained the consent in writing of the [Commissioner] [Substituted by Tamil Nadu Act 39 of 1996.] may institute a suit in the Court to obtain a decree for removing the trustee of a math or a specific endowment attached to math, for anyone or more of the following reasons, namely:-(a)the trustee being of unsound mind;(b)his suffering from any physical or mental defect or infirmity which renders him unfit to be a trustee;(c)his having ceased to profess the Hindu Religion or the tenets of the math;(d)his conviction for any offence involving moral delinquency;(e)breach by him of any trust created in respect of any of the properties of the religious institution;(f)waste of the funds or properties of the institution or the wrongful application of such funds or properties for purposes unconnected with the institution;(g)the adoption of devices to convert the income of the institution or of the funds or properties thereof into "pathakanika";(h)leading an immoral life or otherwise leading a life which is likely to bring the office of head of the math into contempt;(i)persistent and wilful default by him in discharging his duties or performing his functions under this Act or any other law.(2)Where the [Commissioner] [Substituted by section 38(2)(a) of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1996 (Tamil Nadu Act 39 of 1996).] refuses to give consent under sub-section (1), the party aggrieved may, within three months from the date of the receipt of the order by him, appeal to the Government who may, after making such inquiry as they may consider necessary, confirm the order of the Commissioner or direct the [Commissioner] [Substituted by section 38(2)(a) of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1996 (Tamil Nadu Act 39 of 1996).] to give [his consent] [Substituted by Tamil Nadu Act 39 of 1996.] in writing.
