S.D.SHAH - (1.)Rule. Mr.K.S.Nanavati waives service of Rule on behalf of Respondent No. 1. Mr. Mehul Rathod, A.G.P. appears and waives service of Rule on behalf of respondent No. 2. With the consent of the learned Advocates appearing for the parties, the matter is finally heard today and is decided by this judgment.
(2.)This Civil Revision Application is directed against judgment and order of Second Jt. District Judge, Kheda, Nadiad dated 23rd September, 1994, whereby he dismissed the application tendered by present petitioner in Misc. Application No. 2 of 1994 pending before him. By such application, the present petitioner inter alia contended that there does exist a Scheme for the administration of the properties of ancient Temple of Shri Ranchhod Raiji. Under the Scheme as finally sanctioned by the Judicial Committee of the Privy Council, the administration of the properties of the temple is to be carried on by a Trust Committee called "Dakore Temple Committee". The Committee was to consist of five members, all of whom were required to be Hindus professing faith in Ranchhod Raiji. The first five members of the Committee were appointed by Clause 3 of the Scheme while the future constitution of the Committee was provided for in Clauses 4 to 7. Clause No. 7 being relevant for the purpose of this proceeding, is reproduced hereunder :
"7. Any member of the Committee shall, on good cause shown, be liable to be removed by the District Court of Ahmedabad. Any vacancy occurring in this or in any other manner shall be filled up by the District Court of Ahmedabad subject to the reservation contained below : When the Tambekar member vacates his seat, his place will be occupied by another representative from the Tambekar family subject to the proviso in Clause 4. When the nominee of the Sevaks vacates his seat, his place will (subject to the reservation contained in Clause 6) be occupied by another nominee of the Sevaks."

(3.)It may be stated that though at the date when the Scheme was finally sanctioned by the Judicial Committee of the Privy Council, the town of Dakore was within the jurisdiction of the District Court of Ahmedabad, it came under the control of District Court of Kaira and accordingly District Court of Kaira has acquired jurisdiction. Corresponding to this change, a modification was made in the Scheme substituting the words "District Court of Ahmedabad" by the words "District Court of Kaira". From the averments made in Dakore Temple Application No. 2 of 1994, it becomes clear that the term of one of its members Mr. B. J. Diwan was to expire on 28th of September, 1994. The said vacancy was required to be filled in under Clause 7 of the Scheme. To fill in the vacancy, the application was made by one Bansidhar J.Pathak on 14th June, 1994.