SASTRI Y AGNAPURUSHADJI AND OTHERS versus MULDAS BHUDARDAS VAISHYA AND ANOTHER

SASTRI Y AGNAPURUSHADJI AND OTHERS versus MULDAS BHUDARDAS VAISHYA AND ANOTHER

The Swaminarayan sect is not a distinct and separate religion from Hinduism; its temples fall within the ambit of s. 2 of the Bombay Hindu Places of Public Worship (Entry Authorisation) Act, 1956. Section 3 of the Act does not violate Article 26(b) of the Constitution as it only grants right of entry to Harijans for darshan, preserving established worship practices. Procedural irregularities in the presentation of the appeal to the High Court are not fatal to its maintainability.

Parties
Appellant: Sastri Yagnapurushadji and Others; Respondent No. 1: Muldas Bhudardas Vaishya; Respondent No. 2/other Respondents: State of Bombay (and other respondents, incl. Mahants); Intervener: Intervener
Jurisdiction
India
Judgment Date
14 January 1966
Procedural Posture
Civil Appeal / Supreme Court: Appeal From Bombay High Court Decision in First Appeal No. 107 of 52
Outcome
Appeal dismissed with costs.
Legal Topics
Temple Entry, Religious Freedom, Hindu Law, Untouchability, Public Worship
Religious Law Constitutional Law Civil Rights Temple Entry Religious Freedom Hindu Law Untouchability Public Worship

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Parties

Sastri Yagnapurushadji and Others

Appellant

Muldas Bhudardas Vaishya

Respondent No. 1

State of Bombay (and other respondents, incl. Mahants)

Respondent No. 2/other Respondents

Intervener

Intervener

Procedural Posture

Civil Appeal / Supreme Court: Appeal From Bombay High Court Decision in First Appeal No. 107 of 52

Legal Issues

  1. 1 Whether the Swaminarayan sect is distinct and separate from Hindu religion with respect to applicability of the Bombay Hindu Places of Public Worship (Entry Authorisation) Act, 1956.
  2. 2 Whether s. 3 of the Bombay Hindu Places of Public Worship (Entry Authorisation) Act, 1956 contravenes Article 26(b) of the Constitution.
  3. 3 Whether the High Court erred in treating respondent's appeal as competent regarding presentation of vakalatnama.

Ratio Decidendi

The Swaminarayan sect is not a distinct and separate religion from Hinduism; its temples fall within the ambit of s. 2 of the Bombay Hindu Places of Public Worship (Entry Authorisation) Act, 1956. Section 3 of the Act does not violate Article 26(b) of the Constitution as it only grants right of entry to Harijans for darshan, preserving established worship practices. Procedural irregularities in the presentation of the appeal to the High Court are not fatal to its maintainability.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal fails and is dismissed with costs.