NARAIN LAL Vs. PRABANDHKARINI COMMITTEE
HIGH COURT OF RAJASTHAN (FROM: JAIPUR)
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(1.)Narain Lal a votary of the Swetamber sect of Jains, made an application under S.38, Rajasthan Public-Trusts Act, 1959 (hereinafter called the Act) before the Assistant Commissioner appointed under the Act, for permission to make an application before the District Court seeking certain directions from the said Court against the Prabandhkarini Committee Digamber Jain Atishya Kstratia (hereinafter called the Digamber Samiti), which is in charge of the management and administration of the well known Jain temple, known as the temple of Mahavirji, situate in the town of Mahavirji alias Chandangaon Naurangabad in the district of Sawai Madhopur, and also against the President and Secretary of the Digamber Samiti in respect of the administration of the affairs of the said temple. By his order, dated December 23, 1970, the Assistant Commissioner allowed the said application. The Digamber Samiti challenged the order of the Assistant Commissioner by way of a writ petition under Art.226 of the Constitution. The said writ petition was dismissed by this Court on January 8, 1971. The special appeal filed by the Digamber Samiti from the order of dismissal of its writ petition was itself dismissed by a Division Bench of this Court on May 10, 1972.
(2.)In pursuance of the order of the Assistant Commissioner, which was affirmed by the High Court as aforementioned, Narain Lal filed an application under S.40 of the Act, in the District Court Bharatpur, against the Digamber Samiti and its President and Secretary, for their removal from the management of the public trust consisting of the temple of Mahavirji and for appointment of a new management committee from among the votaries of Swetamber sect. This application was transferred from the District Court Bharatpur to the District Court Jaipur District, Jaipur. It was registered by the latter as application No. 36 of 1979.
(3.)The Swetamber sect of the Jains formed a society, known as Shri Jain Swetamber (Moorti Poojak) Mahavirji Tirath Raksha Samiti Jaipur (hereinafter called the Swetamber Samiti), to protect the interests of the votaries of Swetamber sect in the management and administration of the affairs of the temple of Mahavirji aforementioned. Taking into consideration the fact that Narain Lal, being a mortal, may not survive to see his application through, the Swetamber Samiti applied on its own and obtained an order, dated July 23, 1974, from the Assistant Commissioner under S.38 of the Act enabling it to file an application before the District Court under S.40 of the Act, similar to the application filed by Narain Lal against the Digamber Samiti and its President and Secretary for their removal from the management of the temple of Mahavirji and for the appointment of a new committee consisting of Swetamber Jains or of the Jain community as a whole to administer the affairs of the temple. In due course, this application was also transferred to the Court of District Judge, Jaipur District Jaipur. It was registered by him as No. 35 of 1979.
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