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SCA/11839/2002 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11839 of 2002
For
Approval and Signature:
HONOURABLE
MR.JUSTICE JAYANT PATEL
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
STHANAKVASI
JAIN MOTA SANGH & 21 - Petitioner(s)
Versus
RAMESHCHANDRA
MULSHANKER DHEDHI & 6 - Respondent(s)
=========================================================
Appearance :
M/S.VYAS
ASSOCIATES for Petitioner(s) : 1 - 22.
MR
HARIN P RAVAL for Respondent(s) : 1,
RULE SERVED for Respondent(s)
: 2 - 5.
RULE SERVED BY DS for Respondent(s) : 6,
MR SHIVANG
SHUKLA, AGP for Respondent(s) :
7,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 28/03/2008
ORAL
JUDGMENT
The
petitioner has preferred the petition for challenging the order
passed by the incharge Joint Charity Commissioner dated 03.10.2002
in Judicial Misc. Application No. 27/01, whereby the direction has
been given to hold the election.
Heard
Mr. Vyas for the petitioner, Mr.Shah for Mr. Rawal for the
respondent and Mr. Shukla, learned AGP for respondent No.7.
The
learned counsel for the respondent Mr.Shah has placed on record the
copy of the order dated 22.02.2008 passed by this Court (Coram :Akil
Kureshi, J.) in Special Civil Application No. 3556/08, whereby the
directions are given at para 6 as under:
?S6.Under
the circumstances, this petition is disposed of by giving following
directions:
1) The
proposed election notified in the public notice dated 24.1.2008
proposed to be conducted on 24.2.2008 shall not be conducted. The
petitioner shall issue public notice in any leading Daily of Rajkot
cancelling the election. Such notice shall be issued on 23.2.2008.
2) Respondent
No.1 shall conduct election for electing new trustees and all
office bearers and members of the executing committee as per the
constitution within 60 days from today.
3) To
ensure that elections are completed within the aforesaid time, all
efforts will be made by the trust from the stage of updating/
preparation of electoral roles and completing the election with
counting of votes and declaration of result. This shall be done
under supervision and in consultation with an observer of the Court
who shall be the Registrar of the District Court, Rajkot whose
expenses and remuneration shall be borne by the respondent trust. At
the initial stage, the respondent shall deposit a sum of Rs.
20,000/- with the District Court, Rajkot, by way of adhoc sum to be
adjusted at the time once the elections are completed. It will be
open to the observer to appropriate such reasonable sum as may be
necessary for the expenditure without reference to the Court. His
remuneration shall however, be decided at an appropriate stage on
his report.
4) Since
the petitioners have undertaken not to proceed further with the
process of holding election, regular civil suit No. 75/2008 filed
before the Principal Senior Civil Judge, Rajkot does not survive and
it is stated that same will be withdrawn accordingly. Once elections
are completed, all the proceedings pertaining to conduct of the
elections before different authority shall also be rendered
infructuous.??
Mr.
Shah has further declared before the Court that pursuant to the
direction issued by this Court, the process of election is on.
Under
these circumstances, even otherwise also, the election is not being
held pursuant to the order passed by the Charity Commissioner.
Further, this Court at the interim stage, at the present proceedings
did not give any direction.
Hence,
no useful purpose would be served in examining the question which
are raised in the petition, more particularly pertaining to the
scope and ambit of the power of the Charity Commissioner under
Section 41A of the Act and hence, the petition can be said as having
become infructuous on account of the order dated 22.02.2008 passed
by this Court in Special Civil Application No. 3556/08 referred to
hereinabove.
Hence,
the present petition is disposed of as having become infructuous.
However, it is observed that the question raised in this petition
shall remain open. Further, the rights and contentions of both the
sides as may be available on account of the order passed by this
Court in Special Civil Application No. 3556/08 shall remain open.
Disposed
of accordingly.
(JAYANT PATEL, J.)
*bjoy
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