MAHAVIR JAINA VIDYALAYA Vs. ASSISTANT CHARITY COMMISSIONER

JUDGEMENT

(1.) Rule. Counsel for the Respondents waive service. By consent, the Rule is made returnable forthwith. The Writ Petition is taken up for hearing and final disposal, by consent and on the request of learned counsel.

(2.) The First Petitioner is a trust formed in 1915 and is registered under the Bombay Public Trusts Act, 1950 ('the Act'). The trust has been formed with the object of promoting the education and welfare of the Shwetamber Murtipujak Jain Samaj. The trust has been constituted in pursuance of a Deed of Trust dated 8 September 1921. The First Petitioner has about 700 life members and 1,200 members of the managing committee. Any member of the Shwetambar Murtipujak Jain Samaj may become a life member upon payment of a fee of Rs.5,000/- and a member of the managing committee upon payment of a fee of Rs.15,000/-. The trust has framed its rules and regulations with regard to the election and tenure of trustees.

(3.) On 28 April 2012, an extra ordinary general Meeting was held in the course of which it was resolved to replace the erstwhile rules and regulations with new rules. Among the modifications, the tenure of the elected trustees was reduced from six years to five years. Moreover, the system of postal ballots was replaced by a requirement of holding a meeting for electing life members to the managing committee. On 26 May 2012, the Petitioners declared elections to the office of trustees and the executive committee. The election programme was to commence on 14 June 2012 with the filing of nominations. The last date for submission of ballot papers was 4 August 2012. Counting of votes was scheduled on 6 August 2012 and the results were to be declared on 11 August 2012.