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1. This is a petition filed under Article 226 of the Constitution in which the petitioners challenge the constitutional validity of the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Act, 1980 (Maharashtra Act No. VI of 1981), hereinafter for brevity's sake called "the Act". The petitioners are descendants of one Sunder Laxman Patil who was the founder of Shree Siddhi Vinayak Ganpati Temple, Prabhadevi, Mumbai. Their main contention is that the Act violates the fundamental rights guaranteed under Articles 25 and 26 of the Constitution to manage their own affairs in the matters of religion. It is also contended that the Act suffers from vice of arbitrariness and unreasonableness and violates Article 14 of the Constitution. The respondents to this petition are, firstly, Shree Siddhi Vinayak Ganpati Temple Trust, a public trust deemed to have been constituted under the Act and the Executive Officer of the Management Committee of the said Trust. The State of Maharashtra, which exercises over all control over the first and second respondent is impleaded as third respondent. The fourth respondent is the Official Trustee who was the sole trustee of the Temple by virtue of the order passed in Suit No. 217 of 1932. The Official Trustee has handed over the possession of Temple and its properties to the Management Committee constituted under the Act. The petition has been contested by the respondents on the ground that the Act does not, in any way, violate the fundamental rights of the petitioners. Therefore, the only question for consideration before us is whether the Act does or does not contravene the fundamental rights of the petitioners under Articles 14, 25 and 26 of the Constitution.

4. By order dated 5th July, 1980, the Charity Commissioner finally framed a scheme for the temple under Section 50-A of the Bombay Public Trust Act and under the said scheme appointed Maharashtra Executor and Trustee Company Limited as Custodian Trustee and vested the properties of the Trust in the Custodian Trustee and appointed a Board of Managing Trustees. This order was also challenged by Patil family and stay was obtained of the order sanctioning the scheme. The effect of this was that despite this Court as well as Supreme Court holding that the Temple is a public trust, the Patil family continued to treat the registration of the Temple as public trust as illegal and disputes continued between the Official Trustee and Patil family. The scheme framed by the Charity Commissioner was also stayed. Thus the scheme for management could not be framed even after lapse of 40 years. It is also seen from the Statement of Objects and Reasons of the Act that the Temple Trust over the period of time had acquired large properties and become very popular among the devotees but on account of continuous litigation, the growing income of the Trust could not be fully utilised. On 11th October, 1980, the Governor promulgated Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Ordinance, 1980. The same is replaced by the present Act.

5. By operation of Sub-section 2 of Section 1 the Act came into force with effect from 11th October, 1980 i.e. "on the appointed day" under the Ordinance. Section 3 of the Act declares that on and from the appointed day, in place of the public trust registered under the Bombay Public Act by the name of Shree Ganpati Temple at Prabhadevi Road, Dadar, Bombay, a Trust by name of "Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi)" shall be deemed to be reconstituted under the Act, and all properties, whether move-able or immovable of the public Trust, which was being held and administered by the Official Trustee immediately before that day shall by virtue of this Act, stand transferred to and vested in the deity of Ganpati in the Temple for the purposes of the reconstituted Trust to be called the Temple Trust or the Trust, and, in place of the Official Trustee, the Executive Officer shall on behalf of the Committee be entitled to their possession and management from that day. Section 4 of the Act requires the Official Trustee to hand over the possession of the Temple and its properties to the Executive Officer of the Management Committee. The Management Committee constituted under Section 5 of the Act is to be called "Shree Siddhi Vinayak Ganpati Temple Trust Managing Committee" and Sub-section (3) of Section 5 provides that the State Government shall by notification in the Official Gazette, appoint a Chairman, a Treasurer and not more than seven other members to form the Committee, Proviso to Sub-section (3) lays down that the State Government may, by like notification, from time to time, increase the number of other members, but the total number of the members shall not exceed eleven. Section 8 prescribes the grounds for disqualification for membership as trustee. The State Government is empowered by this section to remove a member if it appears that he is a minor or is convicted by Criminal Court or of unsound mind or has direct or indirect interest in immovable property of temple Trust or is a paid servant of Committee or has any interest in execution, supply or performance of any service undertaken by the Committee in respect of the Temple trust or is guilty of misconduct or is otherwise unfit.

6. Section 12 prescribes that a Gazetted Officer of the State Government should be appointed as the Executive Officer of the Committee. Section 13 lays down that the Executive Officer shall be the Chief Administrative Officer of the Committee and he shall be subject to control of the Committee and shall be responsible for the custody of all properties and records of the Temple Trust. Section 16 lays down that subject to any general or special orders of the State Government, it shall be the duty of the Committee to manage the properties and affairs of the Temple Trust efficiently, to make proper arrangements for the conduct and performance of rituals, worship, ceremonies and festivals in the Temple according to the custom and usages, to provide necessary facilities and amenities to the devotees and to apply the income of the Trust to the objects and purposes for which the Trust is to be administered under this Act. Sub-section (2) of Section 16 further provides that in particular, but without prejudice to the generality of Sub-section (1), the Committee :-