Indian Kanoon - Search engine for Indian Law

(xiv)With regard to the challenge to Rule 10, we notice that Rule 10 provides for Executive Officers who are holding office on the date of coming into force of the impugned Rules, to continue to so function. It also lays down that the powers of the Commissioner under the impugned Rules shall be in addition to Section 74 of the said parent Act. Section 74 states that the Commissioner shall as soon as may be appoint a Executive Officer for every religious institution and that a person so appointed shall be one professing Hindu Religion. Section 45 read with Section 74 makes it clear that there is already sufficient provisions in the said parent Act for appointment of Executive Officers for every institution (underlining done by us for suplying emphasis). In the judgment of the Supreme Court reported in 2014 (V) SCC 75 (Dr.Subramanian Swamy and others vs. State of Tamil Nadu and others), the Hon'ble Supreme Court has expressed its anguish and stated that Executive Officers need to be appointed by framing and prescribing Rules for the same.