DILIP KUMAR SHARMA Vs. CIVIL JUDGE MATHURA

JUDGEMENT

(1.) By this writ petition, Sri Dilip Kumar Sharma, claiming himself to be Secretary/Pradhan Mantri of Committee of Management, Sri Giriraj Sewak Samiti, Bara Bazar, Goverdhan, Mathura (in short Society) , and Sri Devendra Kumar Sharma have prayed for a writ of certiorari for quashing the plaint of Original suit No. 332 of 1999 pending in the Court of Civil Judge, (Senior Division), Mathura; orders dated 8-11-2002 appointing Dr. Rajesh Singh as receiver; and orders dated 20-12-2002 and 21-1-2003 by which the trial Court has denied non-Godhania Brahmins of Bara Bazar, Goverdhan, Mathura, from making bid at the auction of income of Thakur Giriraj Ji Maharaj Temple (in short Temple). They have also prayed for a direction to respondents 1 and 2 to hold auction of the temple permitting both Gudhariia and non-Gudhania Brahmins in all future auctions of Tekas as per by-laws and to issue any other writ, order or direction.

(2.) Brief facts as set out in the writ petition are stated as follows : Sri Giriraj Ji Maharaj Temple was constructed at Danghati, Goverdhan, by Sri Sankatha Baba, a Adivasi Brahmin of Goverdhan. After his death his heirs continued to manage the temple and perform sevapuja and bhograj which was subsequently divided into four different parts known as thoks, namely Udho thok, Madho thok, Murali thok and Narain thok. In the year 1957, a society was registered with a constitution including the representatives of all the aforesaid thoks. A twenty one members committee is provided under the by-laws consisting of 6 : 3 : 4 : 4; representatives of the aforesaid thoks and these 17 representatives nominate 4 members. The members of the Committee of Management include both Gudhania and Non- Gudhania Brahmins of Bara Bazar. It appears that some disputes arose between the members and an Original Suit No. 44 of 1970; Har Prasad and others v. Giriraj and others was filed, in which rights of the parties to have a share in the management and the income of the temple was in issue. The suit was dismissed by order and decree dated 15-9-1977 against which a Civil Appeal No. 281 of 1977 was filed. The appeal was also dismissed on 13-11-1981. A Second Appeal No. 281 of 1977 was filed. The appeal was also dismissed on 13-11-1981. A Second Appeal No. 649 of 1982 against the aforesaid judgment and decree has been filed and is pending before this Court in which no interim orders have been passed.

(3.) Elections to elect 17 members of the committee of management were held in the year 1998. These members nominated four members in accordance with constitution. Thereafter the election of the office bearers of the committee of management were held on 15-4-1998 in which Sri Jamuna Prasad Kaushik was elected as President and Govind Prasad Purohit as Mantri. It is alleged that fresh elections were held for election of members of the committee of management on 24-4-1999 in which petitioner was elected as Mantri/Pradhan Mantri and documents were sent to Deputy Registrar, Firms and Societies Chits, Agra for registration and were registered on 6-11-1999. Sri Govind Prasad Purohit filed writ petition No. 48227 of 1999 which was disposed of with direction of Registrar to refer the matter under Section 25 of the Act. The Prescribed Authority by his order dated 11 -2-2000 recorded finding that the elections were invalid. Aggrieved Govind Prasad Purohit has filed writ petition No. 9601 of 2000 which is still pending and no interim orders has been passed. It is contended that elections were also held in 2000 and in these elections also petitioner Dilip Kumar Sharma was elected Mantri/Pradhan Mantri. The documents sent for registration, however, were refused by the Deputy Registrar. It is further contended that in the year 2001 once again petitioner was elected but the list of newly duly elected members of the committee was not accepted by the Deputy Registrar.