BHIMASENACHARYA Vs. SHREE RAGHAVENDRASWAMY UTSAVA TRUST

JUDGEMENT

(1.) THE question that arises for our consideration in these two appeals is:

(2.) THE appellants herein filed revision petitions No. 10/97 and 11/97 before the Charity Commissioner, Belgaum, contending that, the order passed by the Assistant Charity Commissioner in Enquiry No. 519/1990 dated 5. 11. 90 and Enquiry No. 100/90-91 dated 7. 2. 91 is unlawful and illegal. According to the appellants, they are the Archak and Parupattedar of Sri Veeranarayana Swamy Temple at Gadag and that a Vrindavan of sri Raghavendra Mahaswamigal has been established within the precincts of the said temple and as per the resolution dated 10. 4. 42. Every year, aradhana of Sri Raghavendra Mahaswamigal has to be performed for which, a separate committee has to be constituted and a separate body is also registered under the provisions of the Bombay Public Trusts Act.

(3.) CONTENDING that the respondent No. 1 herein, without issuing any notice to the appellants, behind their back, has co-opted the remaining respondents and alleging that the procedure followed in co-opting the respondents is contrary to the bye-laws of the Trust, the revision petitions, were filed before the Charity Commissioner, Belgaum. The Charity commissioner, Belgaum, after hearing the parties, noticed that the procedure followed by respondent No. 1 is not in accordance with bye-laws and allowed and remanded the matter to the Assistant Charity commissioner for fresh enquiry after giving a reasonable opportunity to both the parties.