Provided that such court shall have no power to stay the operation of the order of the Board pending the disposal of the suit or other proceedings arising in relation thereto.

Appointment of office-holders and servants in religious institutions

1. (1) Vacancies, whether permanent or temporary, amongst the office-holders or servants of a religious institution shall be filled up by the trustee in cases where the office or sevice is not hereditary.
2. (2) In cases where the office or service is hereditary the next in the line of succession shall be entitled to succeed.
3. (3) Where—
   • (a) there is dispute respecting the right of succession ; or
   • (b) such vacancy cannot be filled up immediately ;
   • (c) the person entitled to succeed is a minor without a legally appointed guardian fit and willing to act as such ; or
   • (d) the hereditary office-holder or servant is suspended from his office under sub-section (1) of section 43, the trustee may appoint a fit person to discharge the functions of the office or perform the service, until the disability of the office-holder or servant ceases or another person succeed to the office or service, as the case may be. Explanation—In making any appointment under this sub-section, the trustee shall have due regard to the claims of members of the family, if any, entitled to the succession.
4. (4) Any person affected by an order of the trustee made under sub-section (3) may, within one month from the date of the receipt of the order by him, prefer an appeal before the Board whose decision thereon shall be final : Provided that no appeal shall be entertained unless the person affected by the order complies with it and makes over charge of his office or unless such a condition is waived by the Board at its descretion.