BIRENDRA KUMAR JAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The relief prayed is not happily worded. What can be called out from the statements made in the writ petition and the submissions made by the learned counsel appearing on behalf of the parties the prayer is for issuing a writ of qua-warranto to oust respondents No. 3 to 12 as members of 6th Board constituted for the Bihar State Digambar Jain Religious Trust published under Section 12 of the Bihar Hindu Religious Trusts Act, 1950 (the Act).

(2.) Section 8 (3) of the Act provides that of the members of the second and every subsequent Bihar State Boarh of Digambar Jain Religious Trusts :- (a) two shall be persons appointed by the State Government. (b) four shall be persons elected in the prescribed ma iner by the trustees of the Digambar Jain Religious'Trusts registered under this Act; and (c) five shall be persons elected in the prescribed manner by the members of Digambar Jain community residing in the State of Bihar who are enrolled as electorate in the electoral roll of any constituency of the Legislative Assembly of the State of Bihar for the time being in force. One such members shall be appointed by the State Government to be the President of the Board.

(3.) The State Government after election of four persons, namely, respondents No. 4 to 7 and five persons namely, respondents No. 8 to 12 as required under Section 8 (3)(b) and (c) respectively appointed respondents No. 3 and 13 as President and Member of the 6th Board under Section 8 (3) (a) of the Act by issue of notification as contained in Annexure-1. It may be mentioned that as there was some mistake in that notification, a subsequent notification correcting the same was issued which is Annexure-5 to the writ petition. Since Annexure-I was corrected by Annexure-5, in this case we are concerned with Annexure-5.