Hyderabad: The Hyderabad High Court has declared the notification issued by the state government in 2009 to constitute the board of trustees for the Sri Jagannadha Swamy Ramgopal Trust, Secunderabad, as ultra vires of its powers.
Justice Challa Kodandaram was allowing a petition by Mr Harikishan Malani, son of the late Seth Gopi Kishan Malani, a founder-trustee, challenging the notification issued on December 1, 2009, inviting applications for constituting the board of trustees.
The petitioner contended that the GO had been issued in violation of Section 15(1) of the AP Charitable and Hindu Religious Institutions and Endowments Act, 1987. Calling for applications for constituting a board of non-hereditary trustee to the trust was illegal and was bad in law, he contended.
While allowing the petition, Justice Kodandaram noted that under the Act the power had been delegated in all respects to the Dharmika Parishad to constitute a trust board or appoint a trustee with respect to the institutions with income between Rs 25 lakh and Rs 1 crore.
Justice Kodandaram said, “Issuance of the impugned GO to constitute a Trust Board is ultra vires the powers of the government.”
