In the premises, a writ of Mandamus or a writ in the natureof Mandamus of other appropriate writ, direction or order under Art. There are a few further matters whichwere not in controversy on the basis of which the contentions urged in supportof the petition have to be viewed.
The Jamsaheb of Navanagar negotiated with Sardar and within two months the State of Saurashtra was constituted with the merger of states of various sizes.
On the other hand, it would be correct to say that theAct is concerned with excommunications which might have religious significancebut which also operate to deprive persons of their civil rights. The other postulateis the position of the Dai as the head of the religious denomination and as themedium through which spiritual grace is brought to the community and that thisis the central part of the religion as well as one of the principal articles ofthat faith.
The petitioner is the head of the Dawoodi Bohras who form one of theseveral sub-sects of the Shia sect of Musalmans. A brave person whose presence was eagerly awaited actually arrived. Section 4 makes a person who doesany act which amount to excommunication or is in furtherance of theexcommunication liable to punishment which may extend to one thousand rupees.
Section 3 is the operative provision which enacts : '3. When the Imam came out of seclusion, the powers of the Dai would cease.
I now proceed to the details of the provisions of the impugned Act whichare stated to infringe the rights guaranteed by these two Articles. This is a holy task in which all should participate.
Another result ofexcommunication is that no other member of the community can have any contacts,social or religious, with the person who has been excommunicated. Hence, though the Act may have its repercussions on the religious aspectof excommunication, in so far as it protects the civil rights of the members ofthe community it has not gone beyond the provisions of Art.