SHERMALJI T MALU Vs. VANSHRAJ RIKHAVCHAND

JUDGEMENT

(1.) The petitioners have filed this petition under Article 226 of the Constitution of India challenging the legality and validity of the impugned judgment and order dated 21.05.2010 passed by the Charity Commissioner in Judicial Misc. Application No.22 of 2009 whereby the Charity Commissioner has allowed the application filed by the respondent Nos.1 & 2 and directed the petitioners to call the meeting of the Gachchh for the religious functions and festivals.

(2.) It is the case of the petitioners that two Trusts were registered in the name of Shri Ahmedabad Khattargachchh Trust bearing Registration Nos.A-188 and A-189 for the administration of the properties of the Derashar and Dada Wadi (Upashreya) respectively. The Trustees of both the Trusts are same. There is no provision in the Trust Deed for membership nor members are enrolled in the Trusts. The objects of the Trusts are to administer the immovable properties for furtherance of the objects of Shwetamber Jain Murtipujak as per Jain Shastra.

(3.) It is also the case of the petitioners that two of the followers of the Khattargachchh, Parasmal Kanted and Om Prakash Dhariwal had filed an application being Judicial Misc. Application No.8 of 2008 before the Charity Commissioner, inter alia, praying for issuance of directions to the petitioners to use the properties of the Trust the objects and also praying for other reliefs. One of the reliefs sought for was to issue directions to the petitioners to introduce list of the members of the Gachchh and to issue directions to the petitioners to help and organize regular religious functions and programmes as were done in the past years in consultation with the members of the Gachchh. On issuance of the notice, the Trustees had appeared and filed a detailed reply contending that there are no members in the Trust and that the Trust Deed does not provide for any members. It was further pointed out that the Trust only facilitates organizing religious functions by providing premises to Sangh or Gachchh and Trust does not organize or conduct the religious functions or programmes. The In-charge Charity Commissioner vide judgment and order dated 04.10.2008 partly allowed the said application and issued various directions to the petitioners.