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34. In order to resolve this vexed question, it is necessary to set out the salient provisions of the scheme framed, the constitution of the Mutt and also the rights and privileges of Matadhipathi.

The Scheme provides for four functionaries, viz., Matadhipathi, Mahasabha, Standing Committee and Board of Trustees. The Scheme mentions the objects and functions of these functionaries and qualifications to hold these offices. As per Clauses 8, 9, 13 and 19 of the scheme, property of the Math vests with the Board of Trustees and policy decisions in the matter of administration are required to be taken by the Board of Trustees. Clause 11 sets out the names of the first Board of Trustees and Clause 12 provides for nomination in case of vacancy by the Standing Committee.

39. Assuming for the sake of argument, that there is a usage or practice prevailing in the Math providing for severance of temporal and secular functions, that usage or practice runs counter to the scheme or rights guaranteed (extracted above) under the Constitution and therefore the same cannot be countenanced.

Secondly, the constitution of the Math framed in 1932 at an undisputed point of time during the reign of Shri Anandashram Swamiji (who, it is common ground, was held in high reverence by the entire Saraswat Community) and which underwent slight modifications in 1974, recognises the absolute control of the affairs of the Math by the Matadhipathi. The functions of the Mahasabha and various other functionaries are only of an advisory nature and they discharged duties that were entrusted or delegated to them. The preamble to this Constitution as extracted above itself states that it is 'in keeping with the usage and conventions higtherto observed' and hence it could be inferred that the scheme for the administration of the Math as provided in the Constitution was prevailing earlier also. In this view also, it must be held that usage or practice, if any, stood abrogated at any rate from the year 1932.