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5. Aggrieved by the.same. Appeal in W.A.No.535 of 2021 was filed. The Writ Appeal was also disposed of granting liberty to the petitioners herein to file their objections and the same were directed to be considered. The Dharmika Parishad was directed to consider the same in light of the provisions of the Act, without reference to any of the observations made by the learned Single Judge in W.P. No.12609 of 2021.

6. It is contended that, pursuant to the said order of the Division Bench, the 3"'^ respondent rejected the claim of the petitioner to the office of the Mathadhipati. Thereafter, vide proceedings dated 29.11.2021, the 3'^^ respondent issued two orders;

"(i) Appointing the 4'^ respondent as a fit person on a temporary basis for day to day management of the mutt, and

(ii) Appointing the Joint Commissioner of Endowments, as the authorized officer to convene a meeting of the mathadhipathis of the other mutts of the same sampradayam and disciples of the Mathadhipati, and submit a report to the 4'^ respondent to proceed further to recognize the person nominated, in the said meeting, as Mathadhipati.

i) The decision of the Hon'ble Apex Court in the case of Sri Sri Sri Lakshmana Yatendrulu and Others Vs. State of A.P. and Another wherein it is observed as under:

"Section 52 operates for filling up of temporary vacancies in the office of mathadhipati. Sub-section (1) thereof enumerates the circumstances in which the office of mathadhipati temporarily falls vacant, viz., where a dispute exists of the right to succession to the office of Mahant or where the Mahant is a minor and his no guardian fit and willing to act as guardian or where the mathadhipati is under suspension under sub-section (3) of Section 51. On the ex i stence of any of the three grounds, the Commissioner shall, if he is satisfied, after making enquiry In this behalf that arrangement for administration of the math of the specific endowment, as the case may be, is necessary and after satisfying himself as to such necessity, makes such arrangements as he thinks fit until the disability of the mathadhipati ceases or other mathadhipati succeeds to the office, as the case may be. The satisfaction reached by the Commissioner would be on consideration of the material and other relevant attending circumstances. Sub-section (2) enjoins that the Commissioner, in making Interim arrangement for filling up temporary vacancy, shall have due regard to the claims, if any, by the disciples of the math. In other words, the Commissioner is enjoined to make arrangements to fill up the temporary vacancy as an interim measure. He shall endeavour to give due regard to the claims of any of the disciples of the math for management of the math as ' (1996) 8 Supreme Court Cases 705 temporary mathadhipati until the disability of the mathadhipati ceases another mathadhipati duly succeeds to the office, as the case may or be. In the case of filling up of the vacancies when the mathadhipati nominated is a minor, sub-section (3) makes available the remedy under the provisions of Andhra Pradesh (Andhra Area) Court of Wards Act, 1902 or Andhra Pradesh (Telangana Area) Court of Wards Act, 1350F, as the case may be, to appoint property or personal guardian under the respective Acts applicable to the place where the math is situated, for appointment of a fit person as guardian to the ward/minor sanyasi mathadhipati to administer the math and the properties attached to the math or specific endowment attached thereto. The appointment of guardian under Court of Wards Act as personal and property guardian would be for due administration of the math and for beneficial enjoyment, the Mahant has in the property or guardian under Hindu Guardianship and Maintenance Act, 1956 as and when It becomes applicable. "

" AIR 1997 ANDHRA PRADESH 213

13. The learned Government Pleader relying on the decision of the Hon'ble Supreme Court in the case of Sri Sri Sri Lakshmana Yatendrulu and Others t/s. State ofA.P. and Another 1 observed as under:

The satisfaction reached by the Commissioner would be on consideration of the material and other relevant attending circumstances. Sub-section (2) enjoins that the Commissioner, in making interim arrangement for filling up temporary vacancy, shall have due regard to the claims, if any, by the disciples of the math. In other words, the Commissioner is enjoined to make arrangements to fill up the temporary vacancy as an interim measure. He shall endeavour to give due regard to the claims of any of the disciples of the math for management of the math as temporary mathadhipati until the disability of the mathadhipati ceases or another mathadhipati duly succeeds to the office, as the case may be. "