ABDULRAHIM AFAZALBHAI KADIAWALA Vs. CHARITY COMMISSIONER GUJARAT STATE

JUDGEMENT

(1.) These four appeals raise common questions of law and facts regarding sanction of the Scheme dated 17-9-1973 framed by the learned Joint Charity Commissioner, Ahmedabad, in respect of the public trust known as Hazrat Pir Mohmad Shah Darga Sharif Trust, Ahmedabad (hereinafter referred to as the Trust ) as modified by the City Civil Court, Ahmedabad by its judgement and order dated 17-1-1977 in Misc. Application Nos. 660, 679, 699 and 478 of 1973.

(2.) Hazarat Pir Mohammad Shah Darga Sharif popularly known as "Piramshah Roza" is a famous and ancient dargah situate at Pankornaka in the city of Ahmedabad. The Trust, designated and known by the name of Hazarat Pir Mohmad Shah, is registered under the Bombay Public Trusts Act, 1950. The trust has properties both movable and immovable. Hazarat Pir Mahmad Shah was a renowned Muslim saint who lived in Ahmedabad in the first half of the 18th century. He died in 1750 A.D. After his death his disciples constructed a Roza at the place where Pir Mohmad Shaheb was burried . The Dargah had modest income and with passage of time it acquired prestige and at present has a very large number of devotees and also immovable properties which are managed by a committee called the General Committee consisting of 22 persons at present. The composition of the trustees was decided by Written Constitution framed in 1888 A.D. by a body of persons known as Murids. Pir Shaheb had a large following during his life time and out of his followers he initiated about 100 persons as his disciples and those initiated by him during his life time came to be known as the Murids. After his death children of original Murids also became Murids by a simple ceremony resorted to by the Murids by taking their children after 40 days and within a year of their birth, to Pir Shaheb Dargah and placing them at the feet of the Dargah. The doors of the Dargah are then closed for 2 to 3 minutes. The last available list of Murids was prepared in 1960 showing that there were about 560 families of Murids and most of them have settled in Ahmedabad, Kadi and Viramgam.

(3.) The General Committee of 23 members, under the Constitution of 1888, consisted of the President, 10 members out of Ahmedabad Murids,. 10 members out of Kadi Murids and 2 members from Viramgam Murids. It is stated that the aforesaid practice is being followed since 1888. The trustees are appointed for their life time and in case of vacancies arising, new members are appointed by the General Committee from amongst the murids of the concerned constituency i.e. from Ahmedabad, Kadi or Viramgam, as the case may be. One of the Murids would be elected as a President. Earlier the practice was that upon election of the President, one more Murid would be appointed on the Committee making it a total of 23 members including the President. It is stated at the Bar that the said practice is discontinued and only 22 members remain in the Committee including the President.