Legal Analysis: Arjun Dass v. State of Andhra Pradesh and Others

Citation: 2026 INSC 592

Court: Supreme Court of India

Bench: A Division Bench comprising Justice J.K. Maheshwari & Justice Atul S. Chandurkar

Date of Decision: May 29, 2026

Nature of Judgment: Civil Appeal arising out of SLP (Civil) No. 38500 of 2025 against the judgment of the High Court of Andhra Pradesh dated 09.05.2025 in CMA No. 538 of 2023.

Synopsis of the Judgment

The appellant, Mathadhipathi of Sri Swamy Hathiramji Mutt, Tirupathi, was removed from office by the Dharmika Parishad under Section 51(2) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, on multiple charges including misconduct and misappropriation. The High Court affirmed the removal. The Supreme Court set aside the removal, holding that: (i) the charge memo and 29 relied‑upon documents (over 600 pages) were never duly served on the appellant; (ii) purported service by affixation on the door of premises already taken over by the State was no service; (iii) the enquiry committee comprised members of the same body that had pre‑decided the outcome; (iv) the High Court failed to exercise its full appellate jurisdiction under Section 51(4). The Court, exercising power under Article 142, appointed a retired District Judge as an independent Enquiry Committee and an Administrative Committee comprising retired judges, religious representatives, and experts to supervise the Mutt's affairs pending fresh enquiry. The appellant was restored to the status of Mathadhipati.

1. Basic Information of the Judgment

Case Title: Arjun Dass v. State of Andhra Pradesh and Others

Citation: 2026 INSC 592

Civil Appeal No.: Arising out of SLP (Civil) No. 38500 of 2025

Bench: Justice J.K. Maheshwari (author) and one other Judge

Date of Decision: May 29, 2026

Court: Supreme Court of India (Civil Appellate Jurisdiction)

Impugned Order: Judgment dated 09.05.2025 of the High Court of Andhra Pradesh in CMA No. 538 of 2023, affirming the removal order dated 24.11.2023 of the Dharmika Parishad, G.O.Ms. No. 581 dated 08.12.2023, and consequential order dated 19.01.2024.

2. Legal Framework

Major Laws and Provisions Involved

• Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 – Section 51 (removal of Mathadhipathi – framing of charges, opportunity of meeting charges, suspension, appeal to High Court), Section 152 (constitution of Dharmika Parishad), Section 55 (administration of Mutt properties).

• Constitution of India, 1950 – Article 14 (right to equality), Article 26 (freedom to manage religious affairs), Article 142 (power of Supreme Court to do complete justice).

• Code of Civil Procedure, 1908 – Order V Rule 17 (substituted service by affixation).

• Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Rules, 2009 – Rule 26 (appointment of committees from among Parishad members).

Key Precedents Cited and Applied

• Canara Bank v. V. K. Awasthy – Principles of natural justice: audi alteram partem requires precise and unambiguous notice, adequate time, and fair opportunity; citing Magna Carta and Cooper v. Wandsworth Board of Works.

• Kashinath Dikshita v. Union of India – Delinquent cannot effectively defend himself unless copies of relevant statements and documents are furnished; mere inspection not sufficient.

• State of U.P. v. Sudhir Kumar Singh – Breach of natural

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