Seetharam Reddy, J. - (1.) The question that arises in this case and which, in our judgment, has to be answered in the affirmative is: "Whether more than two special meetings could be convened within a period of sixty days as per the provisions of Section 17 (1) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, and in view of the language of Rule 5 of the Rules framed under the said section, for electing the Chairman of the Board of Trustees constituted under section 15 of the said Act ?"
(2.) The facts of the case, in brief, are: The appellant and the 3rd respondent herein, along with five other persons, were appointed as non-hereditary trustees of Sri Ujjaini Mabankalt Temple, Secunderabad, by the Deputy Commissioner, Endowments. Hyderabad, on 16-8-1977. The Deputy Commissioner, by another proceeding of the same date, called upon the members of the board of trustees to assemble for a special meeting to be held on 26-8-1977 for electing a Chairman. Only four members attended the meeting; and since according to the Rules, the quorum is five, the meeting was adjourned after administering the oath of office to the four members. Another meeting of the Board was convened on 9-9 1977 for the same purpose. The said meeting also was adjourned because the three members, who did not attend previously, again failed to attend the second meeting. Sometime thereafter, three members, including the appellant, sent explanations for their absence at the said two meetings. The final result of any action or inaction over the said explanations by the authority concerned, is not clear from the material on record. Be that as it may, on 17-9-1977, the Assistant Commissioner administured the oath to the said three members. By his proceedings dated 7-12-1977, the Deputy Commissioner nominated the appellant as the Chairman of the Board of Trustees under Section 17 (1) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act (Here inafter referred to as 'the Act'), on the ground that no Chairman was elected within 60 days. As against that, a revision preferred by the aggrieved members to the Government was allowed by setting aside the order of the Deputy Commissioner. The said re visional order was impugned in W.P. No. 4436 of 1979 by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution, and the same has been dismissed. Hence this Writ Appeal.
(3.) The order under appeal is challenged on two grounds: firstly the learned single judge, having held that the reasons adopted by the government for setting aside the nomination of the Chairman by the Deputy Commissioner, are not properly founded, yet justified the order, which is erroneous; and secondly, the learned judge wrongly held, while construing the provisions of Section 17(1) read with, in particular, Rule 5 of the Rules framed under Section 17, that more than two special meetings could be convened for electing the Chairman of the Board of Trustees. Before adverting to the analysis of the arguments, the necessary relevant provisions of the statute and the rules may be noticed. Section 15 empowers certain authorities to constitute a Board of Trustees In this case, the board of trustees comprising seven members was constituted by the Deputy Commissioner. So the relevant provision under Section 15. Section 15 is as under: "15. (1) In respect of a charitable or religious institution or endowment included in the list published under clause (a) of lection 6 (a)xxxxxx (b) Whose annual income does not exceed rupees two lakhs, the Commissioner may, in the case where there is a hereditary trustee, and shall, in any other case, constitute a Board of Trustees consisting of not less than five and not more than nine persons appointed by him. Section 16 deals with the administration of oath of office to the trustee. It reads: "16. (1)xxxxxx (2) Before a trustee eaters upon his office, the Commissioner or any other person authorised by him in this behalf, shall administer to the trustee the oath of office and secrecy according to the forms prescribed for the purpose." More important and pertinent is Section 17 which reads: "(1) In the case of a charitable or religious institution or endowment which has no hereditary trustee or trustees and for which a Board of Trustees is constituted under Section 15, the members of the Board of Trustees shall, within such period not exceeding sixty days and in such manner as may be prescribed, elect from among themselves, a Chairman; and if no chairman is elected within the prescribed period; the Government in the case of a Board of Trustees constituted under clause (a) of sub-section (1) of Section 15, and the commissioner in the case of any other Board of Trustees, shall nominate one of the members as Chairman. (2)x x x (3) (2) A Chairman elected or nominated under sub-section (1) or elected under clause (c) of sub-section (2) shall hold office as long as he continues to be a member of this Board of Trustees. (b) A Chairman nominated under clause (b) of sub-section (2) shall hold office for a term of three years from the date of nomination." Section $3 confers revisory jurisdiction on the Government. It reads: '83. (1) The Government may, either suo motu or on an application, call for and examine the record of the Commissioner or any Deputy Commissioner or any Assistant Commissioner or any other officer subordinate to them, or of any Executive Officer or any trustee of a charitable or religious institution or endowment, other than a math or specific endowment attached to a math, in respect of any administrative or quasi-judicial decision taken or order passed under this Act, but not being a proceeding in respect of which a suit or an appeal or application, or a reference to a court is provided by this Act, to satisfy themselves to the correctness, legality or propriety of such decision or order taken or passed and if, in any case, it appears to the Government that such decision or order should be modified, annuled, reversed or remitted for reconsideration, they may pass orders accordingly; Provided that the Government shall not pass any order prejudicial to any party unless be has bad an opportunity of making his representation.' Rules 1 to 5 framed under Section 17 (1) of the Act read, 1. The Chairman of the Board of trustees shall be elected at a special meeting convened for the purpose within a period of sixty days from the date of the constituiion of the Board of Trustees and the election shall be by a secret ballot. 2. The Special meeting shall be convened by the Commissioner or the Assistant Commissioner, as the case may be or any officer authorised by him in this behalf in respect of a charitable or religious institution or endowment included in the list published under clauses (a) or (c) of section 6 for which a Board of Trustee is appointed in accordance with the provisions of Subsection (1), (2) or (3) of Section 15 and presided over by him. He sha'.l not, however, vote. In the event of there being an equality of votes, a second vote shall be taken. In the event of the second voting also resulting in an equality of votes, thefpresiding Officer shall cast lots and the person whose name is first drawn shall be declared to have been elected, 3. The quorum for the special meeting shall be: (a) xxx (b) five, in the case of a Board of Trustees consisting six or seven persons. (4) The special meeting referred to in rule 1 shall be convened in the premises of the institution or endowment concerned or at such other place as may be fixed by the Commissioner, the Deputy Commissioner or the Assistant Commissioner, as the case may be. Before convening the special meeting the commissioner or the Assistant Commissioner as the case may be shall issue notices by registered post with acknowledgment due or by service through a local messenger, specifying date and time and the place of such meeting, the interval between the date of despatch of the notice and the date of the meeting being not less than ten days. 5. Where the special meeting could not be convened either for want ot quorum or tor any other reason, the Commissioner, or Deputy Commissioner or the Assistant Commissioner, as the case may be, or any Officer specially authorised in this behalf shall convene a meeting in accordance with rules 1 to 4 for a second time". What, becomes apparent from the cumulative effect of the foregoing statutory provisions, is that the Chairman must emerge out of election and nomination is an exception and tbat to under extra-ordinary circumstances, The Chairman, no doubt, must be elected within a period not exeeding sixty days from the date of the constitution of the Board under the combined reading of section 17 (1) and Rule 1; in default, the nomination gains the upper band.;