VAGARAM Vs. VARDARAM

JUDGEMENT

(1.) These appeals under Section 40(3) of the Rajasthan Public Trust Act, 1959 ('the Act') have been filed against order dated 04.01.2012 passed by the District Judge, Sirohi in Civil Misc. Case Nos. 49/2010, 02/2011 and 04/2011 and order dated 02.03.2012 passed in Civil Misc. Case No. 4/2011.

(2.) At the request and with the consent of all the counsel representing various parties, the appeals were finally heard. The facts in brief may be noticed thus: a public trust by the name of 'Shri Gautam Rishi Trust Meena Samaj Gyarah Pargana, Sirohi - Pali Jalore', Kesarpura, Shivganj ('the Trust') is a Public Trust registered under the provisions of the Act. It appears that one Uma Ram filed an application under Section 23 of the Act in prescribed Form No.8 before the Assistant Commissioner, Devasthan Department, Jodhpur ('the Assistant Commissioner'), inter alia, indicating that elections of the Trust were held on 15.06.2009 and the persons indicated in the form were elected; another application under the same provision in the same form was moved by one Varda Ram again pointing out that elections were held on 23.02.2009 and the persons indicated in the form were elected; yet another application was filed by one Sona Ram (Desuri) under the same provision and form claiming that elections were held on 20.09.2009 and the persons indicated therein were elected as office bearers of the Trust.

(3.) The Assistant Commissioner consolidated all the three applications and by order dated 05.10.2009 accepted the changes indicated in the Form No.8 submitted by Uma Ram and passed consequential directions.