Arjun Dass v. The State of Andhra Pradesh, 2026 INSC 592: Supreme Court Set Aside Removal of Mathadhipati, Finding Violation of Natural Rights

Saji Koduvath, Advocate, Kottayam.

Key Takeaways

  • Natural justice is another name for common-sense justice. Rules of natural justice are not codified canons. But they are principles ingrained into the conscience of man. Natural justice is the administration of justice in a common-sense liberal way.
  • In an enquiry, a delinquent cannot effectively defend himself unless copies of the relevant statements and documents proposed to be relied upon are furnished. Failure to supply these materials would be tantamount to a denial of a reasonable opportunity to the appellant to defend himself.

Facts of the Case, in a Nutshell

The following are the facts of Arjun Dass v. The State of Andhra Pradesh, decided on 29 May 2026, 2026 INSC 592 (J.K. Maheshwari, Atul S. Chandurkar, JJ.) in a nutshell.

  • Arjun Dass was the 21st Mahant (Mathadhipathi) of Sri Swamy Hathiramji Mutt, Tirupathi.
  • In 2017, some reports were published in ‘Mayavi’ Newspaper regarding misconduct of Arjun Dass.
  • An enquiry notice was issued.  Arjun Dass filed W.P. No. 9716 of 2018.
  • High Court granted interim relief and suspended the consequent proceedings.
  • Later, W.P. No. 9716 of 2018 was dismissed as infructuous in 2023.
  • While the continuing the interim order in W.P. No. 9716 of 2018, the Commissioner of Endowments suspended Arjun Dass.
  • 24 charges were framed.
  • Arjun Dass filed W.P. No. 2391 of 2020 challenging the said suspension order.
  • The High Court allowed Arjun Dass to continue as Mathadhipati under an interim order.
  • Ultimately, the High Court allowed W.P. No. 2391 of 2020 on 13.04.2023, setting aside the suspension order and remitted the matter to the Dharmika Parishad to proceed and take action in accordance with law.
  • The Dharmika Parishad convened a meeting on 09.05.2023.
  • The legal advisor prepared 16 charges against Arjun Dass.
  • The charge-memo dated 08.06.2023 was issued to Arjun Dass. He was suspended.
  • One Om Prakash was appointed as an administrator called the ‘Fit Person’.
  • Pursuant to this, the Endowments Department physically seized the Mutt office as well as the residence Arjun Dass.
  • Arjun Dass filed W.P. No. 13919 of 2023
  • Single Judge dismissed this writ petition. Writ Appeal No. 1080 of 2023, preferred against the order. It is still pending.
  • In pursuance to the charge-memo dated 08.06.2023, the Dharmika Parishad issued notice dated 14.07.2023 directing to appear before a three-member committee for enquiry on 19.07.2023.
  • This notice was served to the Appellant through WhatsApp.
  • Arjun Dass, through his Advocate, sent three separate communications in reply.
  • The first, dated 17.07.2023, was sent by email.
  • It was informed to the Dharmika Parishad that:
    • .(a) W.P. No. 13919 of 2023 was pending;
    • (b) Arjun Dass, aged 67 years, having been unceremoniously expelled from the Mutt premises while on pilgrimage, had fallen ill with viral fever at Ayodhya;
    • (c) The entire record of the Mutt was seized; and
    • (d) Documents forming the basis of the charge memo were not furnished.
  • The second communication was a legal notice dated 24.07.2023, personally delivered to the office of the Dharmika Parishad by the Appellant’s Advocate, who obtained an acknowledgement.
  • The third was an email dated 31.07.2023, reiterating the earlier request.
  • The Enquiry Committee concluded its enquiry on 19.07.2023.
  • It submitted its report on 01.08.2023. It found all the 16 charges were proved.
  • Vide show cause notice dated 19.10.2023, Dharmika Parishad sought explanation within 15 days from Arjun Dass
  • Arjun Dass submitted his explanation and on 16.11.2023, he requested Dharmika Parishad to conduct enquiry afresh after supplying the documents.
  • Finally, on 24.11.2023, Dharmika Parishad passed an order for removal
  • Government of Andhra Pradesh confirmed the Removal Order passed by the Dharmika Parishad.
  • Subsequently, appointed one interim Mahant.
  • Arjun Dass filed Civil Miscellaneous Appeal No. 538 of 2023 before the High Court challenging the Removal Order and the consequential order directing identification of a new Mathadhipati.
  • The High Court granted interim protection to the Appellant
  • After hearing the matter at length, the High Court, by the impugned judgment dated 09.05.2025, dismissed C.M.A. upholding the removal of the Appellant.
  • Arjun Dass  preferred the Appeal before the Supreme Court of India.

Main Issue – Principles of Natural Justice

The main issue before the Supreme Court was whether the removal order suffered a breach of the principles of natural justice.

The removal of a Mathadhipati from the office of the head of a religious institution is not an administrative act of ordinary character. It involves substantive civil rights involving the right to religious office and to carry on one’s spiritual vocation.

The constitutional guarantee of fairness in procedure, enshrined in the principle of audi alteram partem and evinced from Article 14 of the Constitution of India, applies with full force to such quasi-judicial proceedings.

Importance To Adhere By The Principles Of Natural Justice

In this decision (Arjun Dass v. The State of Andhra Pradesh, 2026 INSC 592), the Apex Court referred to the following decision, highlighting the importance of the principles of natural justice – Canara Bank Vs. V. K. Awasthy, (2005) 6 SCC 321. It is observed in this decision as under:

  • “8. Natural justice is another name for common-sense justice. Rules of natural justice are not codified canons. But they are principles ingrained into the conscience of man. Natural justice is the administration of justice in a common-sense liberal way. Justice is based substantially on natural ideals and human values. The administration of justice is to be freed from the narrow and restricted considerations which are usually associated with a formulated law involving linguistic technicalities and grammatical niceties. It is the substance of justice which has to determine its form.
  • 9. The expressions “natural justice” and “legal justice” do not present a watertight classification. It is the substance of justice which is to be secured by both, and whenever legal justice fails to achieve this solemn purpose, natural justice is called in aid of legal justice. Natural justice relieves legal justice from unnecessary technicality, grammatical pedantry or logical prevarication. It supplies the omissions of a formulated law. As Lord Buckmaster said, no form or procedure should ever be permitted to exclude the presentation of a litigant’s defence.
  • 10. The adherence to principles of natural justice as recognised by all civilised States is of supreme importance when a quasi-judicial body embarks on determining disputes between the parties, or any administrative action involving civil consequences is in issue. These principles are well settled. The first and foremost principle is what is commonly known as audi alteram partem rule. It says that no one should be condemned unheard. Notice is the first limb of this principle. It must be precise and unambiguous. It should apprise the party determinatively of the case he has to meet. Time given for the purpose should be adequate so as to enable him to make his representation. In the absence of a notice of the kind and such reasonable opportunity, the order passed becomes wholly vitiated. Thus, it is but essential that a party should be put on notice of the case before any adverse order is passed against him. This is one of the most important principles of natural justice. It is after all an approved rule of fair play. The concept has gained significance and shades with time. When the historic document was made at Runnymede in 1215, the first statutory recognition of this principle found its way into the “Magna Carta”. The classic exposition of Sir Edward Coke of natural justice  requires to “vocate, interrogate and adjudicate”. In the celebrated case of Cooper v. Wandsworth Board of Works [(1863) 143 ER 414 : 14 CBNS 180 : (1861-73) All ER Rep Ext 1554] the principle was thus stated : (ER p. 420) “[E]ven God himself did not pass sentence upon Adam before he was called upon to make his defence. ‘Adam’ (says God), ‘where art thou? Hast thou not eaten of the tree whereof I commanded thee that thou shouldest not eat?’ ” Since then the principle has been chiselled, honed and refined, enriching its content. Judicial treatment has added light and luminosity to the concept, like polishing of a diamond.
  • 11. Principles of natural justice are those rules which have been laid down by the courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial, quasi-judicial and administrative authority while making an order affecting those rights. These rules are intended to prevent such authority from doing injustice.”

The rule of audi alteram partem is the obligation to furnish to the affected person the material and documents sought to be relied upon against him. Opportunity of hearing should be real and cannot be abstract. Unless the person proceeded against is made aware of the precise allegations, the evidentiary basis thereof, and the material forming the foundation of the proposed action, the opportunity to defend becomes illusory rather than real.

Failure To Supply Documents Amounts to Denial Of Reasonable Opportunity

In Arjun Dass v. The State of Andhra Pradesh (2026 INSC 592), the Apex Court then referred to Kashinath Dikshita v. Union of India, (1986) 3 SCC 229. It underscored that a delinquent cannot effectively defend himself unless copies of the relevant statements and documents proposed to be relied upon are furnished to him. The Court observed:

  • “10. …. The extracts quoted hereinabove leave no room for doubt that the disciplinary authority refused to furnish to the appellant copies of documents and copies of statements. When a government servant is facing a disciplinary proceeding, he is entitled to be afforded a reasonable opportunity to meet the charges against him in an effective manner. And no one facing a departmental enquiry can effectively meet the charges unless the copies of the relevant statements and documents to be used against him are made available to him. In the absence of such copies, how can the concerned employee prepare his defence, cross-examine the witnesses, and point out the inconsistencies with a view to show that the allegations are incredible? It is difficult to comprehend why the disciplinary authority assumed an intransigent posture and refused to furnish the copies notwithstanding the specific request made by the appellant in this behalf. Perhaps the disciplinary authority made it a prestige issue. If only the disciplinary authority had asked itself the question:
    • “What is the harm in making available the material?”
  • and weighed the pros and cons, the disciplinary authority could not reasonably have adopted such a rigid and adamant attitude. On the one hand there was the risk of the time and effort invested in the departmental enquiry being wasted if the courts came to the conclusion that failure to supply these materials would be tantamount to denial of reasonable opportunity to the appellant to defend himself. On the other hand by making available the copies of the  documents and statements the disciplinary authority was not running any risk. There was nothing confidential or privileged in it. It is not even the case of the respondent that there was involved any consideration of security of State or privilege. No doubt the disciplinary authority gave an opportunity to the appellant to inspect the documents and take notes as mentioned earlier. But even in this connection the reasonable request of the appellant to have the relevant portions of the documents extracted with the help of his stenographer was refused….”

In view of the above, supply of relevant documents constitutes the most elementary and fundamental requirement of procedural fairness as no person can be expected to answer a case which is not fully disclosed to him.

Natural Justice, Prejudice And Mandatory Procedural Requirement

Section 51 of the 1987 Act governs the removal of a Mathadhipati.

  • Section 51  makes it clear that the Dharmika Parishad does have the power to frame charge specifying the grounds as per sub-section (1) against the Mathadhipati or Trustee.
  • The charges so framed were required to be supplied and “opportunity of meeting such charges” used therein indicates in implied terms to supply the allegation of imputation and the basis thereof which includes the material to frame the charge.
  • On supply of such allegation of imputation and the material thereto, the Mathadhipati may have an opportunity to meet such charges.
  • Thereafter, in view of the documentary and oral evidence so adduced by the parties on either side, the order ought to be passed in the manner as specified.
  • The instinct of sub-section (2) is clear and unambiguous in its terms to follow the principles of natural justice.
  • The intention of the legislature was clear that without supply of relied upon documents qua the allegation, if any, meaningful rebuttal could not be possible.
  • Therefore, in terms of the language used in the Statute, principles of natural justice are required to be adhered to in the sense as specified.

The submission advanced on behalf of the Respondents that the enquiry is not vitiated in the absence of prejudice caused to the Appellant cannot be accepted in the facts of the present case. It is true that in State of U.P. v. Sudhir Kumar Singh, (2021) 19 SCC 706, the Apex Court explained that breach of the principles of natural justice does not invariably result in invalidation unless prejudice is shown. However, the same decision expressly carves out an exception in cases involving a mandatory procedural requirement conceived not merely in individual interest but also in public interest. The Court observed that:

  • “42.2. Where procedural and/or substantive provisions of law embody the principles of natural justice, their infraction per se does not lead to invalidity of the orders passed. Here again, prejudice must be caused to the litigant, except in the case of a mandatory provision of law which is conceived not only in individual interest, but also in public interest.”

In view of the literal interpretation of Section 51(2) and a Mathadhipati is going to be removed, it is incumbent upon the Dharmika Parishad to follow the principles of natural justice since religious institutions connected to the Mutt under the control of Mathadhipati and the public at large may also be affected. Therefore, in such a situation, substantive compliance with audi alteram partem is non-negotiable.

Proceedings of Removal Vitiated For Violations of Natural Justice

The proceedings resulting in the removal of the Appellant as Mathadhipati of Mutt are vitiated by multiple violations of the principles of natural justice –

First, the charge memo of 27 pages and the 29 relied-upon documents running to over 600 pages were never duly served upon the Appellant. Purported service by affixation on the door of premises in the physical possession of the Respondents themselves is not service in the eyes of the law;

Second, the Appellant’s requests for the supply of documents and a reasonable time were wholly ignored, and the enquiry was conducted ex parte; and

Third, the pre-decisional resolution of 09.05.2023, directing simultaneous preparation of charges and suspension order, reveals that the entire process was predetermined and not a genuine quasi-judicial exercise of statutory power.

Service of Charge Memo was by affixation on the door

The service of notice was affected upon the Appellant by affixation on the door of his residence in the premises of the Mutt. The following facts are clear from the record:

  • .(i) the physical possession of the Mutt premises, including the Mahant’s residence, had been taken over by the Respondents;
  • (ii) the Panchanama and photographs dated 08.06.2023 and 09.06.2023, filed by the Respondents themselves, reveal that only six pages were affixed on the door and those six pages were confined to the Fit Person’s appointment order;
  • (iii) the charge memo of 27 pages and the 29 supporting documents were never affixed.

In this context, to contend that service of the charge memo was completed by affixation on the door of the residence that is not in the possession of the Appellant is a legal absurdity.

in  Neerja Realtors Pvt. Ltd. v. Janglu, (2018) 2 SCC 649, it is held that substituted service by affixation under Order V Rule 17 of the CPC cannot be turned into an empty technicality; it can only be validly executed on a house where the noticee actually and ordinarily resides at the time of service.

Effect of Dismissal of Communication – As an Unsigned Letter Through WhatsApp

Furthermore, the Appellant, through his Advocate, sent three separate communications to the Dharmika Parishad and its members on 17.07.2023 (by email to official IDs through advocate), 24.07.2023 (personally served against acknowledgement), and 31.07.2023 (by email through his advocate). Each of these communications specifically requested the supply of all relied- upon documents and a minimum of one month to submit a defence. While not heeding to such requests, the Enquiry Committee dismissed the communication of 17.07.2023 on a technical ground that it was an unsigned letter received on the mobile of a committee member through WhatsApp. In our view, this conduct of the Enquiry Committee discloses a deliberate disregard for the principles of natural justice as it deprived the Appellant of any meaningful chance to test the evidence adduced against him and to adduce evidence in his favour, as mandated by Section 51(2) of the 1987 Act.

The defect pointed out in the present case pertains to the fairness of the enquiry process itself and, therefore, strikes at the root of the proceedings. Once such a foundational infirmity is established, the question whether charges may otherwise have been capable of being sustained does not arise for consideration at the appellate stage.

Bias And Nemo Judex In Causa Sua: Enquiry Be Done By Independent Body.

It is undisputed that the enquiry committee was constituted under Rule 26 of the 2009 Rules read with Section 152(3) of the 1987 Act. For ready reference, Rule 26 of the 2009 Rules is reproduced as thus:

  • “Rule – 26. (i) The Dharmika Parishad may appoint, from amongst its members, such number of committees as the Dharmika Parishad deems necessary, with not more than 3 members and assign to them such functions and duties as it may consider for the purpose, which in turn has to submit its report to the Chairman of the Dharmika Parishad.
  • (ii) A member shall cease to be a member of such Committee if he ceases to be a member of the Dharmika Parishad.
  • (iii) The Committee of the Dharmika Parishad may meet frequently depending upon the exigencies of work.” A bare perusal of this Rule indicates that appointment of committees as envisaged therein is in the context of administrative committees, and it ought not to constitute an enquiry committee. This understanding of Rule 26 of the 2009 Rules is further bolstered by reading the sub-rule
  • (ii) of Rule 26, which prescribes that members of any such committee shall first be members of the Dharmika Parishad.

The adjudicating authority cannot itself become the investigator and also the decision maker.

Prior Acts

After the appointment of the Appellant as Mathadhipati by the Endowment Department in 2000, it was cancelled suo motu in 2003. An attempt was made to take over the entire properties of the Mutt, which was made nugatory by the orders of the High Court.

Again in 2017, merely on the basis of some newspaper cuttings, initiation of enquiry was made by the Dharmika Parishad against the appellant, which resulted into several rounds of litigation including the present one.

Similarly, the manner in which the enquiry was done in the present case, the apprehension of bias in the matter cannot be ruled out.

In this view of the matter, the Apex court found that an enquiry regarding the allegations against the Appellant ought to be done following the principles of natural justice by an independent body.

A De Novo Enquiry

The Supreme Court, in these circumstances, ordered a de novo enquiry.

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