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october 1973

Supreme Court of India · 1973-10-19

SRI MAHALINGA THAMBIRAN SWAMIGAL vs HIS HOLINESS SRI LA SRI KASIVASI ARULNANDITHAMBIRAN SWAMIGA

Citation / case number
SC 1969/60263
Court
Supreme Court of India
Petitioner
SRI MAHALINGA THAMBIRAN SWAMIGAL
Respondent
HIS HOLINESS SRI LA SRI KASIVASI ARULNANDITHAMBIRAN SWAMIGA
Bench
MATHEW, KUTTYIL KURIEN

Judgment text excerpt

The Supreme Court held that the appellant, nominated as the junior head (Elavarasu) of the Kasi Mutt, did not acquire a legal status or right to continue in the office after the head of the Mutt canceled the nomination through a subsequent will (Ex. B-9). The Court emphasized that succession to the office of Mahant is governed by the customs of the Mutt, and the nomination did not confer an office unless accompanied by requisite ceremonies. The appeal was allowed, affirming that the head of the Mutt had the authority to cancel the nomination without assigning reasons.

SRI MAHALINGA THAMBIRAN SWAMIGAL vs HIS HOLINESS SRI LA SRI KASIVASI ARULNANDITHAMBIRAN SWAMIGA · Niyam