Das Gupta, J. - (1.) The petitioners are two of the persons who filed on 31-8-1935 a suit under Section 92, C. P. C. for removal of Triloke Chan-dra Giri from the 'Mohuntship of the Bhotbagan and Amdanga 'Maths,' for appointment of a fit and proper person as 'Mohunt' of these 'Maths', for the framing of a scheme for the proper management of the 'Maths' and for several other reliefs. A decree was passed in that suit on 30-9-1942 by which Triloke Giri was removed from the 'Mohuntship' and two new 'mohunts for the two 'Maths' were ordered to be appointed in subsequent proceedings. This decree having been since confirmed by this Court, in appeal the learned District Judge took up the matter of selection of persons for appointment as 'mohunt' on 10-12-1951 and passed the following order: "The custom of selection of the 'Mohanta' of the 'Maths' concerned by the brotherhood of the Tarakeswar 'Mandali' appears to have been recognised by the Hon'ble High Court in its appellate judgment and the plaintiffs suggest that to be followed in making such appointments. I also think it proper that the brotherhood of the Tarakeswar 'Mandali' should be consulted in making such selection in accordance with the custom, So notice be issued to the members of the 'Mandali' as named in the plaintiffs' petition filed on 20-4-51 for appearance in my Court for the purpose on 28-1-52". Four 'mohunts' of the Tarakeswar 'Mandali' were present on that date, the fifth being absent. The learned District Judge explained to the 'mohunts' the custom regarding the succession to the 'mo-huntship' of Bhotbagan and Amdanga 'Maths' each and asked them to be guided by their conscience in making their selection. Three 'mohunts' Dandiswami Narahari Asram, Kshitish Chandra Puri and Khagendrananda Asram recommended the names of Dadiswami Dibyasram, a 'Sannyasi', for appointment as 'mohunt' of Bhotbagan 'Math'. The fourth, 'Mohunt' Jnanananda Saraswati who had offered himself as a candidate did not join in the nomination, but had nothing to say against the nominee. The three 'mohunts' mentioned1 above namely, Dandiswami Narahari Asram, Kshitish Chandra Puri and Khagendrananda Asram also recommended Dandiswami Aschyutashram, a 'Sannyasi', for appointment as mohunt of the Amdanga 'Math'. 'Mohunt' Jnanananda Saraswati expressed that he had no objection to the appointment of Dandiswami Achyutashram as a 'mohunt' of the Amdanga 'Math'.
(2.) The nominees expressed their Willingness to act as 'mohunts' of the two 'maths' in writing.
(3.) The learned District Judge however instead of accepting the nomination straight-off decided to publish the names of nominees in newspapers and invited objections. Several objections were received and the learned District Judge considered all of them. One objection was that the nominees were set up by the machination of one Sri Kamalakhya Choudhury, Private Secretary to the 'Mohunt' Maharaj of Tarakeswar. Another objector contended that the correct procedure had not been followed. A third objection was that the nominee Dandiswami Dibyashram was not a 'Sannyasi' of the Dashnami sect and being still a 'dandi' was not qualified as a 'mohunt' of the 'Math'.;