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1. The constitutional validity of Sivagiri Mutt (Emergency Provisions) Ordinance, 1997 replaced by Sivagiri Mutt (Emergency Provisions) Act, 1997 (Act 17 of 1997) is under challenge in all these Writ Petitions. The Sivagiri Mutt (Emergency Provisions) Ordinance, 1997 was promulgated by the Governor of Kerala in exercise of the powers conferred under Clause (1) of Article 213 of the Constitution of India. By the Ordinance, management of Sree Narayana Dharma Sangham Trust having Headquarters at Sivagiri Mutt, Varkala and its assets and properties situate on several parts of the State of Kerala and outside was taken over by the Government and put in the management of an Administrator. Earlier by invoking the provisions of Sections 145 and 146 of the Code of Criminal Procedure, District Magistrate had taken possession of Sree Narayana Dharma Sangham Trust, its place of worship, administering premises and other structures which are situate in the Varkala Village of Chirayinkizh Taluk and was placed under the receivership of Deputy Collector (R.R.) and Executive Magistrate at Trivandrum who was managing the properties as Receiver.

8. Counsel for the petitioners submitted that the District Magistrate, Trivandrum has committed a serious error in invoking the provisions of Sections 145 and 146 of the Code of Criminal Procedure in taking over the management as well as the assets of the Trust. Counsel submitted that it is on the basis of the Order passed by this Court in C.R.P. No. 2727 of 1994 which was later confirmed by the Apex Court in SLP (Civil) No. 13667 of 1995 that the management of the Trust was handed over to the Board elected on 26th July, 1994. According to them, there was no reason to exercise the extraordinary powers conferred under Sections 145 and 146 of the Code of Criminal Procedure so as to take over the management and assets of the Sree Narayana Dharma Sangham Trust from an elected Board which was put in office on the basis of the decisions of this court in C.R.P. No. 2727 of 1994. Counsel submitted that without adopting any measures to improve the position and to control the law and order, the elected Board was put out of office by initiating proceedings under Sections 145 and 146 of the Code of Criminal Procedure. Counsel also submitted that there was no circumstance existed so as to promulgate the Ordinance under Article 213(1) of the Constitution of India. Placing reliance on the decision of the Apex Court in D.C. Wadlhwa v. State of Bihar, AIR 1987 SC 579. Counsel submitted that power to promulgate Ordinance is essentially a power to be used to meet an extraordinary situation and no extraordinary situation existed at Sivagiri for promulgation of the Ordinance. Counsel submitted that the Ordinance cannot be supported under the legislative entry under List II of VII Schedule to the Constitution. Reference was made to the decision of the Apex Court in Superintendent, Central Prison v. Dr. Ram Manohar Lohia, AIR 1960 SC 633. Further it was contended that the Administrator appointed in pursuance of the Ordinance is mismanaging the affairs in the Sivagiri Mutt. Allegations were also raised against the constitution and functioning of the Advisory Committee. Referring to Justice Bhaskaran Nambiar Commission Report, Counsel submitted that even the Mathamahapadasala, i.e., Brahama Vidyalaya is also not functioning now and no steps have been taken by the Administrator for its functioning. Counsel submitted that the Act/Ordinance has the effect of interfering with the functioning of the Brahma Vidyalaya. Counsel also submitted that the proceedings initiated under Sections 145 and 146 of the Code of Criminal Procedure as well as the Ordinance and the Act have the effect of nullifying the order of this court in C.R.P. No. 2727 of 1994 which was affirmed by the Apex Court. Counsel placed reliance on the decision of the Apex Court in In the Matter of: Cauvery Water Disputes Tribunal, AIR 1992 SC 522 and also the Bench decision of this Court in Sygol Castro v. State of Kerala, 2000 (3) KLT 571, S.S. Bola and Ors. v. B.D. Sardana and Ors., AIR 1997 SC 3127 and I.N. Saksena v. State of M.P., AIR 1976 SC 2250. Counsel submitted that the binding Judgment and decisions cannot be made ineffective with the aid of any legislative power. The Ordinance and the Act displaced the basis of the order in C.R.P. No. 2727 of 1994.

12. Principal Secretary to the Government, Home Department has filed a detailed counter affidavit. Facts which necessitated the invocation of power under Sections 145 and 146 of the Code of Criminal Procedure was highlighted in the counter affidavit. It was pointed out that rival factions of sanyasins continued to create law and order situation in the various institutions under the Trust. Notices were issued by the rival factions convening separate meetings of their factions at Sivagiri on 11th October, 1997. Reports were received that said opportunity would be used by the rival factions to demonstrate their relative strength to establish their authority and to create law and order problems. It was also noticed that out of seven members one of the member resigned. Consequently the Board which was in power lost quorum. Complaint was also received from the erstwhile Trust Board with regard to the fight between the two factions of sanyasins and also the criminal trespass committed by two sanyasins. Enquiry was conducted on the basis of the complaint dated 24th June, 1997. Report dated 24th June, 1997 was also submitted by the Superintendent of Police, Rural, Trivandrum. It was reported that there was serious law and order situation with regard to the affairs of the Trust due to infights between the two factions of sanyasins. Both of them were staking claim for actual possession and management over the properties of the Trust. District Magistrate therefore found it difficult to decide as to who was in actual possession of the properties. He was also satisfied that there would be breach of peace unless stringent steps were taken. Consequently he passed order under Sections 145 and 146 of the Code of Criminal Procedure. Properties of the Trust were attached and put in possession of the Receiver.

34. We may now examine whether the orders passed by the Magistrate under Sections 145 and 146 of the Code of Criminal Procedure, promulgation of the Ordinance and the enactment of Sivagiri Mutt (Emergency Provisions) Act, 1997 would in any way affect the rights of the Trust. A contention was raised that the above Orders, Ordinance and the Act have the effect of nullifying the various judicial pronouncement which ended in C.R.P. No. 2727 of 1994 as confirmed by the Supreme Court in S.L.P. (Civil) No. 13667 of 1995. We are of the view, this contention will not stand. In C.R.P. No. 2727 of 1994 this court decided that the Board which was elected on 26th July, 1994 was the duly elected Board. On the basis of that declaration made by this Court with police help the Board elected on 26th July, 1994 was put in office. The elected Board had however lost the quorum due to ,the resignation of a member. Since there was no quorum to transact various business, rival factions of sanyasins convened general body of their own and to install their own members in the management of the Trust. This resulted in fights between two factions of sanyasins which were even taken to streets and police had to intervene on several occasions to keep law and order. Since it was out of control of the police, an order was passed under Sections 145 and 146 of the Cr.P.C. to entrust the administration of the properties of the trust under a Receiver. Since there are properties outside the State, necessity of promulgation of the Ordinance was felt and in such circumstances Ordinance was promulgated and consequently administrator was appointed. The said Ordinance was replaced by the Act. The Ordinance was promulgated to maintain peace and tranquility in the public trust. It has got the legislative sanction under Entry 1 in List II of VII Schedule to the Constitution. Because of the extraordinary situation created by the warring group of members Government was compelled to promulgate the Ordinance so as to maintain public order and peace and to save the Trust.