In 1983, Pandit Vasudeo Vyas, Vaidya Shriram Sharma and Mahavirprasad Agarwal filed an appeal in the Bombay High Court against an order dated 1982 by the Charity Commissioner of Mumbai, B V Chavan appointing Ramchandra Narhar Kulkarni - a kirtankar, who took sanyas before being anointed - as the Shankaracharya of the Karveer Peeth. While an interim stay on the appointment was granted that year itself, it is only now that the appeal came up for final hearing.

The Karveer Peeth, apart from the five Peeths set up at Badrinath, Puri, Dwarka, Sringeri and Kanchi, had beenestablished to propagate the teachings of Adi Shankaracharya and first came under the Bombay Public Trusts Act, in 1963. While the rules stipulate that the existing Shankaracharya is to nominate his successor, the earlier Shankaracharya of the Peeth passed away on April 30, 1972 without naming anyone.

In 1977, Erande Swami, who was appointed as the sole trustee discharged himself from the services claiming uncooperative attitude of the Board of Management. In 1982, following the board's recommendation, the Charity Commissioner appointed Kulkarni.

Though none of the appellants claim any personal shortcomings of the nominee, they challenged his appointment since he was not a sanyasi, nor ``well qualified'' to discharge the responsibilities of a Jagadguru and did not possess the adequate knowledge of the various books and writings to adequately propagate the Shankaracharya's teachings.

While the legalistic arguments were forwarded by the counsel for the appellants, Pandit Vyas himself answered JusticeLodha's questions on the concept of dharma and the need for a sanyasi to head the sect. Vyas told Justice Lodha that he was not a sanyasi himself, but the head of the Peeth had to somebody who is a scholar of the Vedas and the Shankaracharya's philosophy and who has practised the creed in actual life by taking sanyas.

The appellant had contended that sanyas or vairag must come from within and has to become a way of life for years so as to inspire confidence among disciples of the sect.

The appointment of Kulkarni, now known as the Guru Narsinha Bharati, as Shankaracharya is further embroiled in a contention put forward by the appellants that the Karveer Peeth at Kolhapur and the Sankeshwar Peeth have historically been one Peeth. Since the Sankeshwar Peeth has Erande Swami as the Shankaracharya, he could take up as the Shankaracharya of the Karveer Peeth as well. In fact, following an earlier direction by Justice Lodha, Erande Swami has filed an affidavit expressing his willingness to take over asShankaracharya of the other Peeth.

The appellants contended that the Charity Commissioner had ignored several objections to the Kulkarni's when his name was first proposed in 1982. However, the Commissioner stated in his appointment order that Kulkarni is a matriculate and also a Kavyateerth, well versed in the Upanishads. It also stated that he was a famous kirtankar.

On the issue of being a ``sanyasi'', the Commissioner has noted that ``In my view, in the present day circumstances and specially when the Board of Management have categorically stated that it is difficult to persuade people to accept the post of sole trusteeship by having sanyas, it would be too much to insist that the successor must be a sanyasi''.

The commissioner then added that ``so long as Kulkarni was willing to take sanyas before he takes charge, there should be no objection in his appointment''.

The matter is posted to November 15.