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Showing contexts for: Math will property in Sri Sri Sri Lakshamana Yatendrulu& Ors. ... vs State Of Andhra Pradesh & Anr on 24 January, 1996Matching Fragments
(d) has been sentenced for any offence involving moral turpitude, such sentence not having been reversed;
(e) is quality of breach of trust, or is-appropriation in respect of any of the properties of the math;
(f) commits persistent and willful default in the exercise of his powers or performance of his functions under the Act;
(g) violates any of the restrictions imposed or practices enjoined by the custom, usage or the tenets of the math, in relation to his personal conduct, such as celibacy, renunciation and the like;
The next question is: whether Section 50 of the Act interferes with religion and, therefore, violative of Articles 25 and 26 of the Constitution? It is seen that the right to administer the math according to the tenets, philosophy, customs, usages and Sampardaya would include right to manage the properties and utilisation of the funds thereof for their due fulfillment. Section 50 divides Padakanukas into two parts, i.e., gifts personal to Mahant and to the math as such but given to him as being spiritual head. Sub-section (1) provides that the mathadhipati shall maintain regular accounts of receipts of Padakanukas, viz., gifts offered as personal to the Mahant or other personal gifts or properties made to him as head of the math. In other words, he is required to account for the receipts of personal gifts. As head of the math he is entitled to utilise the funds at his discretion for any purposes connected with the objects of the math and propagation of Hindu Dharma. The latter part indicates that after he renders accounts of their receipt, he is free to utilise and spend the gifts so received by him for any legitimate purpose which is connected with the objects of the math and for propagation of Hindu dharma. Since the latter pat is integratedly connected with his status as Mahant, it does not interpose or control his power to exercise his discretion. The obligation fastened on him is only to maintain regular accounts of receipts of personal gifts or other personal gifts of properties made personally to him as head of the math. As rightly conceded by Shri Parasaran, any such Padakanukas or other personal gifts which remain undisposed of during the life of the mathadhipati shall devolve on the math as its properties by operation of sub- section (2) since the mathadhipati is an aesthetic, a sanyasi and it will devolve only on the head of the math as math property. The explanation makes the meaning more clear and unambiguous. Any gift of property or of money made to mathadhipati shall, unless it is specified by the donor as Padakanukas or personal gift, be presumed to be gift intended for the benefit of the math.