RAISINH P BHOI Vs. DINESHBHAI KESHAVBHAI PATEL

JUDGEMENT

(1.) This Special Civil Application is directed against the order dated 15.6.99 passed by the Joint Charity Commissioner, Vadodara, Division -Vadodara in Judicial Misc. Application No.24/99. The dispute relates to Charotar Education Society, which is a public trust registered under the Bombay Public Trusts Act, 1950. This Trust is also a Society registered under the Societies Registration Act, 1860. The petitioners Nos.1 and 2 claim to be the members of the aforesaid Trust i.e. petitioner No.3. According to the petitioners, the respondent herein, namely, Dineshbhai Keshavbhai Patel, was a volunteer as understood under the Rules and Regulations of the Trust and he was also appointed as a Secretary of the Council about five years back. The case of the petitioners is that because of high handed behavior of the respondent with the other members of the Trust as also the staff of the Educational Institutions run by the Trust and the students studying thereat, there was an agitation by the students, which made the members of the council as also the beneficiaries of the trust to come forward in support of the students, because they were satisfied that there was mismanagement and misappropriation of the Society's funds. Petitioners go on to state that they also came to know that the respondent had asked for money in cash from those who wanted service in Schools and Institutions run by the Trust under the Society as also from the students for getting admission in the higher classes of the Schools run by the Society. The entire constitution of the society was thereafter changed because of the resignation tendered by the members of the Council as also the Chairman of the Society. It has been stated that a meeting took place on 10.4.99 in which certain decisions were taken according to which the following 10 persons were elected as Members of the Council and later on when earlier Chairman resigned from the Chairmanship on 12.4.99, Shri Chimanbhai Manibhai Patel(Sathi) was elected as the new Chairman of the Trust.

(2.) Aggrieved from this order dt.15.6.99 the present petition was filed in this Court on 17.6.99 and on 18.6.99 notice returnable on 6.7.99 was issued by the Court and ad interim relief in terms of para 16(B)was also granted meaning thereby that the execution, implementation and operation of the impugned order dt.15.6.99 Annexure 'M' with the petition was stayed and suspended. After hearing both the sides, the Rule was issued on 23.7.99 and the matter was directed to be listed for final hearing on 28.7.99 and the interim order was continued.

(3.) Special Civil Application alongwith the documents filed therewith, and affidavit in reply dt.5.7.99 filed by the respondent alongwith documents and an affidavit in rejoinder dt.11.7.99 alongwith the documents filed by one of the petitioners form the part of pleadings in this case.