K GIRIJA KUMARI Vs. G RAJENDRANATH

JUDGEMENT

(1.) (Per P.S. Mishra, CJ.) Heard.

(2.) A Division Bench of this Court in Writ Petition No. 3140 of 1997, judgment dated 4-3-1997, has taken the view that a member of the family of the founder shall have no right as a hereditary trustee yet shall have a right to be a member of the trust Board, if such a Board is constituted and the rider, as stated in the judgment of the Supreme Court in this behalf while interpreting the law of the State, is also taken notice of that in such circumstances of creation of the Board, he shall be the Chairman unless there are allegations of mal-administration against him and until such a Board is constituted, the management shall remain with the members of the family of the founder of the trust.

(3.) Logic for the above view is not far to seek. It is expected that a member of the family of the founder would appreciate the purpose of the trust better than others and is expected to carry forward the charity of the founder in accordance with his wishes. Hereditary trusteeship in respect, however, of a public trust is abolished by the Act and instead, a Board is contemplated with such a member of the family. The impugned judgment, in our view, which has proceeded on the above lines, is in tune with the view of the Division Bench of this Court. There is no merit in the appeal.