RASHMIKANT C PATEL Vs. JOINT CHARITY COMMISSIONER

JUDGEMENT

(1.) Rashmikant Chaganbhai Patel, petitioner, on, of the sitting members of the Executive Committee of Shri Dharmaj Kelavani Mandal, a Public Trust registered under the provisions of the Bombay Public Trusts Act (hereinafter referred to as "the Act"), has filed this petition with a prayer that this Court may issue a writ of certiorari or any other writ, order or direction quashing and setting aside the impugned order 10.8.2004 passed by respondent No. 1, Joint Charity Commissioner Vadodara, under Section 41 A of the Act in Judicial Miscellaneous Application No. 13 of 2004 produced at Annexure-J to the petition.

(2.) The facts giving rise to this petition are as under : 2.1 There is a trusts namely Shri Dharmaj Kelavani Mandal (hereinafter referred to as "the trust") registered under Registration No. 65 under the Act. The main object of the trust are as under : (i) To spread education in primary, secondary, commercial, industrial and agricultural faculties to take necessary steps for educating people for psychological, physical and moral education in the village of Dharmaj. (ii) To collect funds and administer the same for the above object, (iii) To administer other public institutions of the village. 2.2 The said trust was registered as Public Trust under the Act and its constitution was approved by the General Meeting on 10th January, 1950. From the record it appears that the said constitution was amended in the year 1952 arid thereafter in the year 1956. The petitioner has produced Constitution of the said trust. It nay be noted that clause 14 of the Constitution provides enactment of bye-lays. Clause 14 of the Constitution has been produced at page 55 of the paper book. 2.3 It is the case of the petitioner that the Constitution of the trust was amended and as per clause 7, the Constitution relating to the strength of Executive Committee was changed and provided as follows; 2.4 Patron 2, Vice-Patron 2., Donors 2, General members 4, Bandhu 2, Life Members 4 Aggregating in all 16 members. Over and above, there will be President of the Mandal, Vice President, Treasurer and Supervisor . 2.5 It is the case of the petitioner that on 6.7.2004 notice regarding holding of election of office bearers of the Executive Committee of the trust was issued by the Election Officer of the trust inter alia giving the details of the Election Schedule and the date of holding election. It appears that pursuant to the said notice certain members were elected uncontested. However for certain categories election has to be done. 2.6 It is the case of the petitioner that as per the record respondent No. 4 Shri Kamlesh Chhotabhai, Patel filed application before respondent No. 1 Joint Charity Commissioner under Section 41A of the Act for certain directions. The said application was treated as Judicial Misc. Application No. 13 of 2004 which is on page 22 of the paper book, As per the said application he has pointed out certain irregularities in conduct of the election of the trust which was to be held on 1.8.2004 as per the earlier notice because by that tine certain election process started. 2.7 In view of the aforesaid application Shri Vikrambhai Ambalal Patel, Secretary of the trust addressed letter dated 30.7.2004 to respondent No. 1, wherein he has also admitted that the application filed by Shri Kamlesh Chhotabhai Patel has some substance and prayed that the election which has to be held on 1.8.200.4 be cancelled and he has no objection. He has stated that he has addressed this letter after obtaining meeting of all trustees. The said implication is on page 30 of the paper book. One S.R. Patel, President of the trust also filed similar application on 30.7.2004 pointing out certain defects in relation to election of the trust which is produced on page 31 of the petition, Thereafter, the trustees have also issued public notice on 31.7.2004 with an information that in view of the complaint it is decided to postpone the election of 1,8.2004.

(3.) Pursuant to the aforesaid application on 28.7.2004 the Joint Charity Commissioner heard the matter wherein Kamlesh Chhotabhai Patel was also present. The President of the trust Shri Surendra R. Patel, the Secretary Shri Vikrambhai Ambalal Patel of the trust remained present. The Election Officer has also remained present. The Charity Commissioner has considered all these facts which I have set out and ultimately accepted the application of the applicant and decided to postpone the election of 1.8.2004 and gave the Following directions; Application No. 13 of 2004 to be allowed. Notice issued on 6.7.2004 for holding election on 1.8.2004 is contrary to the constitution of the trust and thereafter he has directed that the trust as well as the President and Secretary of the trust to consider the provisions of the Act and thereafter consider the legal position and decide to hold election. The said order has been passed on 10.8.2014.