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1. The three Writ Petitions referred to above seek to challenge the vires of the Nathdwara Temple Act (Act No. 13 of 1959) (hereinafter called 'the Act') passed by the Rajasthan State Legislature. This Act received the assent of the President on the 28th of March, 1959.

2. Writ Petition No. 90 of 1959, has been filed by Shri Tilkayat Govindlalji Maharaj of Nathdwara (hereinafter called 'the Tilkayat').

3. Writ Petition No. 310 of 1959 has been filed by Triyambak Lal and nine others who are the followers of the Vallabh Sampradaya and are hereinafter called 'the Vaighnavas'.

4. The third Writ Petition No. 420 of 1960 has been filed by Goswami Shri Ghanshiam Lal, head of the Shrine of the Vallabh Sampradaya at Kamban (District Bharatpur). The respondents to all these Writ Petitions are the state of Rajasthan and the members of the Temple Board constituted under the Act and the executive officer of the Board appointed under the Act.

5. Before we refer to the contentions of the petitioners in these Writ Petitions, it is both necessary and convenient to refer to the historical background of the temple of Shrinathji at Nathdwara and also to the circumstances under which the impugned Act was passed. This temple is of the denomination known as Pushti Margiya Vaishnav Sampradaya', more popularly known as 'Vallabh Sampradaya' (hereinafter for the sake of brevity called 'the Sampradaya'). This Sampradaya was founded by Shri Vallabhaharya, who, according to Dr. Bhandarkar, was born in 1479 A. D. According to some other authorities, he was born in 1473 A. D. He belonged to a Brahmin family of Andhra. As a boy, he was extraordinarily in elligent and soon acquired deep knowledge of Hindu Philosophy. He preached the gospel of divine grace which, according to him, could only be acquired by whole-hearted devotion to the service of Lord Krishna.

9. It is under these circumstances that the Governor of Rajasthan was pleased to make and promulgate the Nathdwara ordinance, 19,59 on the 6th of February 1959. Tilkayat filed Writ Petition No. 90 of 1959 on the 28th February 1959 challenging the provisions of this ordinance. This ordinance was replaced by the Nathdwara Temple Act, 1959 (Act No. 13 of 1959) which repealed the ordinance but is on the same lines as the ordinance. The Tilkayat in the Writ petition filed by Mm sought permission of this Court to treat his application for challenging the ordinance as one for challenging the Act and this permission was granted. Thereafter, the other two Writ petitions were also filed challenging the Act one by the Vaishnavas and the other by Shri Chanshiamlalji.

We, therefore, hold that the Temple of Navnit Priyaji and Shri Madan Mohan Lalji cannot be included in the definition of the temple given in Section 2 (viii) of the Act. This provision is, however, severable and we therefore order that the words "and includes the temple of Shri Navnitpriyaji arid Shri Madan Mohanlalji" in the definition of 'temple' in Section 2 (viii) of the Act be declared ultra vires. So far as the temple of Shri Shrinathji and offerings made to Shri Shrinathji are concerned, our finding is that they always vested in the deity of Shri Shrinathji. First part of Section 3 merely recognises and ordains this to be the position. It would have been better had it been worded in a declaratory form as the firman of 1934 issued by the Maharana was but in spite of the defective wording it cannot be said that there has been any infringement of the right of the Tilkayat.