SAURABH Vs. STATE OF M.P.

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed against the order dtd. 17/11/2021 passed by respondent No.2, Registrar of Public Trust, District Barwani whereby the Registrar has issued certain directions for election of office bearers of the petitioner-Trust.

(2.) Brief facts of the case are that petitioner No.1 happens to be the Trustee of Shri Digamber Jain Siddh Kshetra Bawangajaji (Chulagiri) Trust, Barwani whereas the petitioner No.2 is the said Trust through its authorities turstee-petitioner No.1. The said Trust has been registered as religious and charitable public trust under the provisions of M.P. Public Trust Act, 1951 (hereinafter referred to as 'the Act').

(3.) Case of the petitioner-Trust is that the management, appointment, election of the Trust is governed by the Constitution of Trust and no deviation therefrom is permissible, a copy of which is also placed on record. Before the Registrar, Public Trust, respondent No.4 preferred an application without reference to the provisions of the Act under which the same was being filed, claiming himself to be a lifetime trustee of the Trust and alleging that one of the trustees namely, respondent No.5-Rajkumar has been illegally appointed. It was prayed for staying the election process initiated by the petitioner- trust.