Amendment status not verified — confirm the current text below against the official source.
Filling up of Vacancies :– (1) When a vacancy occurs in the Office of the Trustee of a Math or specific endowment attached to a Math except as provided in the preceding Section and there is a dispute respecting the right of succession of such Office, or When such Office cannot be filled up immediately or when the Trustee is a minor and there is no recognised guardian willing to act as such or when there is a dispute respecting the person who is entitled to act as such guardian. 1[the Commissioner] after being satisfied that an arrangement for the administration of the Math and its endowment or of the specific endowment, as the case may be, is necessary shall make such appointment and arrangements as he thinks fit until the dispute is settled or another Trustee succeeds to the Office, as the case may be. 1[The Commissioner] may also remove such interim Trustee for the reasons specified in Section 28. (2) In making any appointment under Sub-Section (1) 1[the Commissioner] shall have due regard to the claims of the disciples of the Math, if any, or in the absence of any such disciples of the Math claims of one of the allied or as far as possible closely connected Maths shall be taken into consideration. 2[(3) Nothing in this Section shall affect the right of any person aggrieved by the order of 1[the Commissioner] under Sub-Section (1) to establish his right of succession to the Office of the Trustee in a Court of law : Provided that such Court shall have no power to stay the operation of the order of 1[the Commissioner] pending disposal of the suit or other proceedings arising relation thereto.] Notes :– Powers and functions of the Commissioner for appointment of the hereditary trustee indicated – The power of the Commissioner U/s- 36 of the Act accrues when there is a vacancy in the office of the hereditary trustee of the matha. When there is no vacancy the application U/s- 36 or 39 would not be maintainable, 2008 (I) CLR 177, AIR 2008 Orissa 187, 2008 (Supp.II) OLR 719 (Swami Shree Dutta Yogeshwar Dev Tirtha Maharaj Vs. State of Orissa and others)