- (1.)Plaintiffs are the appellants. The first plaintiff is an Association originally constituted in 1871 with the name Sri Kanyaka Parameswari Anna Satram Sangham, Vijawada and later on registered on 28-5-1947 under the Societies Registration Act, 1860 as "Sri Kanyaka Parameswari Anna Satram Committee, Vijayawada". Tbs. plaintiffs claim that the first plaintiff-Institution is a Denominational in institution both religious and charitable, envisaged under Art. 28 of the Constitution or India, and is governed by the Vassvi Kanyaka Parameswari Cult, and seek to inter diet the acts of the defendants 1 and 2, the Commissioner and the Deputy Commissioner of Hindu Religious and Charitable Endowments Department, Government of Andhra Pradesh, respectively from interring with the administration and management of the first plaintiff-Institution. Their case is: The General Body of the first plaintiff-Institution consists of only members belonging to Arya Vysya Community and no person of alive other community is entitled to become a members of the first plaintiff-Institution. The properties of the fiat Plaintiff- Institution vest in the General Body and the right to management in the Governing Body. The General body elects once in every three years the President and the other office bearers and members of the Governing Body, in all consisting of 25 members as laid down in the rules of the Association. Except the body so elected from out of the members of the first plaintiff, none else is entitled to participate in its management. Plaintiffs 2 to 9 are the duly elected office bearers of the first plaintiff-Institution.
(2.)The first plaintiff-Institution is dedicated to the deity Sri Varavi Kanyaka Popularly known as "Sri Kanyaka Parameswari" with whose worship the Arya Vysya community has been specially associated according to the tenets Peculiar to itself from several centuries. According to one theory the worship of Sri Kanyaka Parameswari by the Arya Vysya community dates back to the time when Chalukya Emperor Vishnu Vardhana, father of Raja Raja Narendra ruled over Andhra Desa with Rajahmundry (Raja Mahendravaram) as the Capital. History as well as purana tells that there was B very beautiful Arya Vysya maid by name by Vasavi Kanya at Penurgonda, a devotee of Parasakthi of penurgonda. Emperor Vishnuvardhana fell in love with Vasavi Kanya and wanted to marry her. But her parents and members of Arya Vysya community refused to give her in marriage. Therefore, the Emperor directed his armies to march to Penurgonda to take her by force. Vasavi Kanya preferred self-immolation and burnt herself in fire. Along with her, couples from 102 Gotras of Arya Vysya community also jumped into the sacrificial fire on being exhorted and ordered by her and gave up their lives in order to save the honor of their community. Simultaneously the Emperor too died at his palace with his head broken on account of the divine curse. The survivors of the community deified Sri Vasavi Kanya who was believed and worshipped since as an incarnation of Parasakthi Several institutions came into being in the country , in the name of .Sri Kanyaka Parameswari all dedicated to her.
(3.)The first plaintiff-Institution was one such institution formed from among the people of 102 Goths of Arya Vies Community to commemorate the memory of Sri Vasavi Kanya and those martyrs of 102 Goths who had sacrificed their lives along with Sri Vasavi Kanyaka Parameswari It is stated, special forms of worship and pujas are performed daily to Sri Kanyaka Parameswari in the temple in the premises of the first plaintiff-Institution, and the members of the Arya Vysya community alone are entitled to perform the same. The 102 Arya Vysya families form religious denominational community even among the Vysya in general. The first plaintiff-Institution being one dedicated to Sri Vasavi Kanyaka Parameswari a Special and unique religious denomination, is entitled to manage the first plaintiff-Institution. It is different from the other religious institutions which are governed by the Andhra Pradesh Charitable and Hindu Religious Institution and Endowments Act, 1966 (Act 17 of 1966) hereinafter referred to as the Act. The first plaintiff is governed by the Societies Registration Act of 1860 and is an Association of the members of the Arya Vysya Community belonging to the cult of Sri Vasavi Kanyaka Parameswari. It is, therefore. claimed that the provisions Of the Act are inapplicable to the first plaintiff-Institution and the defendants have no jurisdiction to appoint an Executive Officer or a Trustee or a Manager or a Fit Person to the first plaintiff-Institution as in the ass of any other religious or charitable institution.