The religious institutions have been divided in India in two categories— Temple (Devasthana) and Matha consists of idol worship it may be public or for a particular community or for class of persons. The manager of Temples or Devasthanas are called Shebaits. Contrary to this, Matha is a place where persons of a particular religious community or followers thereof reside or it is a place of Sanyasees where religious discourses and preachings are given.
Matha is different from Devasthans and other religious trusts in spite of the fact that the origin of both of these institutions is from the property given by a Dharamatma. Properties given in Matha vests in the Mahant for the preaching of a particular belief or religious philosophy, but that given to a Devasthan vests in the diety or idol legally consecrated. Object of Matha is the propagation of religious belief whereas Devasthan, is the place where the idol or diety is to be worshipped.
In a case Allahabad High Court has held that Matha is a religious institution which vests in one specified person, who is the religious head of a branch of a particular religious sect, and he is the manager of the properties of the Matha.
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In Shilpi Papachar v. State of Karnataka and others, the Court observed that for appointment of Mathaadhipathis in Matha—custom and usage play a primary role, neither statute nor rules of succession of Matha conferring powers to appoint Mathaadhipati.
Different kinds of Matha
Kinds of Matha under the Hindu Law are as follows:
(1) Maurusi Matha:
Where the seat of mahant devolves round the pupils of Mahant.
(2) Panchayati Matha:
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Where Mahant is elected by Panchayat.
(3) Hakumi Matha:
Where the Mahant, the propounder of the Matha keeps the right to appoint reserved with him.