SHERSINGH HIRASINGH FAUJI Vs. SARDAR JEEWANSINGH AYASINGH SAHOO

JUDGEMENT

(1.) APPELLANTS herein are raising exception to the order passed by District Judge-2, Nanded on 3.10.2009 in appeals RJE Nos. 38/2007 and 68/2007, respectively.

(2.) THE facts, giving rise to the dispute, can be narrated in nutshell, as below: A Society, having membership amongst persons from Sikh community with religious and charitable object, came to be registered in the name and style "Sachkhanda Huzuri Khalsa Diwan, Nanded (herein after referred to as "Diwan") as per the provisions of Hyderabad Registration of Societies Act, 1350 Fasli. THE Act for administration of Nanded Sikh Gurudwara, namely "Shri Huzur Apchal Nagar Sahib" came to be passed in the year 1956. A board for administration of Sikh Gurudwara came to be incorporated under the provisions of Nanded Sikh Gurudwara Act. Four members belonging to Diwan are required to be taken on board constituted under the provisions of Nanded Gurudwara Act. So far as Diwan is concerned, although it was registered under the provisions of Hyderabad Registration of Societies Act, it was not registered as Public Trust under the provisions of Bombay Public Trusts Act, 1950 and as such, an application came to be tendered by one Jeevansingh Ayasingh for purposes of registration of Diwan as a Trust. THE application was numbered as Inquiry No. 950 of 1981. On consideration of application, the Trust has been directed to be registered since January 11, 1982. A list of 28 members' Working Committee was submitted along with application by Jeevansingh claiming them to be the trustees of the Diwan. A Notification, in that regard, was published on 7th May 1984 in Government Gazettee as regards constitution of the board. Four members of Diwan were adopted as members of the board constituted under the provisions of Nanded Gurudwara Act. One objection petition came to be lodged by Shersingh Hirasingh which was registered as Revision Application No. 18/1984 raising exception to the order of registration. It was contended that one Bhujangsingh was Pradhan of Diwan and was the governing head of Diwan. According to Shersing, applicant Jeevansingh and others do not constitute a legally elected working body of Diwan and as such they had no authority to nominate anybody on the board. It was claimed that Revision Petitioner i.e. Shersingh and others are entitled for seeking registration of the Trust.

(3.) APPLICANT Gurucharansingh filed his Say to all the objections at Exhibit-101. According to him, first legal working committee was formed under Presidentship of S. Bedi Jaisingh. Said working committee was in the office since 1956 to 1958. Thereafter functions of Diwan were administered under the Vice Presidentship of Amarsingh Sahu until year 1978. According to applicant, although Bhujangsingh and Amarsingh were never members of Diwan, they pretended constitution of working committee in the year 1962, however, said Committee was never managing the affairs of Diwan. It is contended that in the year 1978, the Joint Secretary, on demise of Chandasingh, who was Secretary of Diwan, convened the meeting of general committee on April 13, 1978 and in that meeting, an ad hoc committee was formed for holding elections to the working committee. A meeting was convened on July 4, 1978, wherein it was decided to call meeting of general body on 10th August, 1978. Notice of the meeting was duly published in the news papers and copies were affixed on Gurudwara gate. It is contended, on 10th August 1978, meeting of general committee was held in Gurudwara premises under the Presidentship of Shri Guru Granth Sahib. In the meeting Jeevansingh was elected as Pradhan of Diwan. Thus, applicant contends that considering sequence of events stated above, the application tendered by him for registration of trust be considered and Committee formed under the Presidentship of Jeevansingh be declared as trustees of Diwan.