BRAHMACHARI SWAMI CHANDRASVARUPANANDJI GURU BRAHMCHARI SWAMI CHANDRAPRAKASHNANDJI Vs. JOINT CHARITY COMMISSIONER

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India in which the petitioners have prayed for the following relief/s:

(2.) Heard learned Senior Advocate Mr. Percy Kavina assisted by learned advocate Mr. Tarak Damani for the petitioners, learned Senior Advocate Mr. Navin Pahwa for the respondent No.2 and learned Senior Advocate Mr. Mihir Joshi for the respondent No.3.

(3.) Learned Senior Advocate Mr. Percy Kavina appearing for the petitioners submitted that the District Judge, Bhavnagar in Civil Suit No.1 of 1975 framed the scheme for the purpose of administration and management of Gopinathji Dev Mandir Trust (hereinafter referred to as 'the trust' for short). As per the provisions contained in the Scheme, the Board of Trustees is consisted of 7 trustees. It is submitted that last general election of the Board of Trustees was held as per the direction issued by the Hon'ble Supreme Court. It is submitted that serious disputes are pending before the Assistant Charity Commissioner, Rajkot about election of Board of Trustees. At this stage, it is contended that as per the scheme, the Chairman of the Trust is entitled to call the meeting of Board of Trustees. The Chairman, vide his notice dated 11.11.2020, called the meeting of the Board of Trustees of the trust. The said meeting was called on 22.11.2020. It is submitted that the respondent Nos. 2 to 5 did not remain present in the said meeting. Therefore, as per Clause 24b of the Scheme, the meeting was adjourned in absence of quorum. It is submitted that in the meeting, petitioners have decided to convene the meeting after two weeks i.e. on 06.12.2020.