SYEDNA MOHAMED BURHANUDDIN THE 52ND DAI UL MULTAQ AND HEAD OF THE DAWOODI BOHRA COMMUNITY Vs. CHARITY COMMISSIONER GUJARAT STATE AHMEDABAD
LAWS(GJH)-1970-4-9
HIGH COURT OF GUJARAT
Decided on April 23,1970

Syedna Mohamed Burhanuddin The 52Nd Dai Ul Multaq And Head Of The Dawoodi Bohra Community Appellant
VERSUS
Charity Commissioner Gujarat State Ahmedabad Respondents





Cited Judgements :-

PAVANKUMAR JAIN VS. PRIYAVADAN AMBALAL PATEL [LAWS(GJH)-2013-9-327] [REFERRED TO]
SHANTIBHAI KANJIBHAI RATANPARA VS. RADHARAMAN DEV TEMPLE [LAWS(GJH)-2010-6-93] [REFERRED TO]
RT REV V M MALAVIYA VS. GY DEWAJI [LAWS(GJH)-2017-6-95] [REFERRED TO]
SHRI HIS HIGHNESS MAHARAJA SHRI RAOL VIJAYRAJSINHJI OF BHAVNAGAR VS. THAKORSAHEBSHRI BALBHADRASINHJI [LAWS(GJH)-2019-5-50] [REFERRED TO]
SAJEEV BHARGAV EZHAVA VS. KERALA KALA SAMITI [LAWS(GJH)-2023-6-885] [REFERRED TO]
RAJKUMAR COLLEGE TRUST VS. PADMARAJSINHJI GHANSHYAMSINHJI JADEJA [LAWS(GJH)-2021-9-42] [REFERRED TO]
RASHMIKANT C PATEL VS. JOINT CHARITY COMMISSIONER [LAWS(GJH)-2005-5-44] [REFERRED TO]
HIS HIGHNESS MAHARAJA VS. THAKORSAHEBSHRI BALBHADRASINHJI [LAWS(GJH)-2019-5-188] [REFERRED TO]
RAOL VIJAYRAJSINHJI VS. BALBHADRASINHJI [LAWS(GJH)-2019-5-213] [REFERRED TO]
ZAINULABUDIN RIAZHUSEN SAIYED VS. NANJIKAKA GURU KARSHANKAKA (DE FACTO TRUSTEE) [LAWS(GJH)-2020-1-186] [REFERRED TO]
DEVKRUSHNADASJI GURU DHARMADASJI VS. STATE OF GUJARAT [LAWS(GJH)-2008-1-108] [REFERRED TO]
AMISH SURESHCHANDRA DESAI VS. SADHU SHRI PREMSWAROOPDASJI [LAWS(GJH)-2023-2-1514] [REFERRED TO]
BALVANTBHAI JINABHAI DHAMI VS. SHANTILAL KANJIBHAI RATANPARA AND 11 [LAWS(GJH)-2010-1-103] [REFERRED TO]
PAVANKUMAR JAIN AND OTHERS VS. PRIYAVADAN AMBALAL PATEL AND OTHERS [LAWS(GJH)-2015-7-91] [REFERRED TO]
CHAMUNDA TRADERS A THROUGH ITS AUTHORIZED PARTNER PRATULBHAI ARVINDBHAI PATEL VS. JOINT CHARITY COMMISSIONER [LAWS(GJH)-2019-4-99] [REFERRED TO]
DHANSUKHBHAI LALLUBHAI PATEL VS. NITINBHAI GUNVANTBHAI PATEL [LAWS(GJH)-2018-4-36] [REFERRED TO]
SWAMI SATYAPRAKASHDASJI GURU GHANSHYAMPRASAD VS. MAGANBHAI BHIMJIBHAI [LAWS(GJH)-1998-6-7] [REFERRED TO]
KANTILAL MANIBHAI PATEL VS. RANCHHODBHAI MORARBHAI PATEL AND ORS. [LAWS(GJH)-2017-9-16] [REFERRED TO]
D.R.ASSOCIATES THROUGH PARTNER RAVI KHANDELWAL VS. STATE OF GUJARAT [LAWS(GJH)-2019-4-101] [REFERRED TO]


JUDGEMENT

B.J.DIVAN, S.H.SHETH - (1.)The Dai-ul-Mutlaq of the Dawoodi Bohra Community has filed this petition challenging certain directions issued to him by the Charity Commissioner Gujarat State 1 respondent to the petition under Section 41A of the Bombay Public Trust Act 1950 in the matter of Dawat property trusts of which he is the sole trustee. He also challenges the vires of the said Section 41A on the ground that it violates Articles 25 and 26 of the Constitution.
(2.)The facts of the case briefly stated are as under. The petitioner is the head priest of the Dawoodi Bohra community. He is called Dai-ul-Mutlaq. The original petitioner was the 51 Dai-ul-Mutlaq. He died during the pendency of the present petition. His successor-in-office - 52 Dai-ul-Mutlaq has since been substituted as petitioner in his place.
(3.)The Dawoodi Bohras believe as a matter of faith that there is only one God that Mohmad was his Prophet that God revealed the Holy book (Koran) to the Prophet that Ali son-in-law of Mohmad the Prophet was his Wasi (executor) that Ali succeeded Mohmad by Nas-e-Jali that Ali was succeeded by a line of Imams and that in all there were 21 Imams. According to their belief Imam Tyeb the 21st Imam went into seclusion owing to persecution Imam always exists though he is not visible since 21st Imam went into seclusion 20th Imam directed his Hujjat (a dignitary ranking next to Imam) to appoint a Dai to carry on the Dawat (mission) of the Imam and this Dai is known as Dai-ul-Mutlaq. The present petitioner is the 52nd Dai-ul-Matlaq. He is the vicegerent on earth of the Imam in seclusion.


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