SCA/11839/2002 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 11839 of 2002 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= STHANAKVASI JAIN MOTA SANGH & 21 - Petitioner(s) Versus RAMESHCHANDRA MULSHANKER DHEDHI & 6 - Respondent(s) ========================================================= Appearance : M/S.VYAS ASSOCIATES for Petitioner(s) : 1 - 22. MR HARIN P RAVAL for Respondent(s) : 1, RULE SERVED for Respondent(s) : 2 - 5. RULE SERVED BY DS for Respondent(s) : 6, MR SHIVANG SHUKLA, AGP for Respondent(s) : 7, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 28/03/2008 ORAL JUDGMENT 1. The petitioner has preferred the petition for SCA/11839/2002 2/4 JUDGMENT challenging the order passed by the incharge Joint Charity Commissioner dated 03.10.2002 in Judicial Misc. Application No. 27/01, whereby the direction has been given to hold the election. 2. Heard Mr. Vyas for the petitioner, Mr.Shah for Mr. Rawal for the respondent and Mr. Shukla, learned AGP for respondent No.7. 3. The learned counsel for the respondent Mr.Shah has placed on record the copy of the order dated 22.02.2008 passed by this Court (Coram :Akil Kureshi, J.) in Special Civil Application No. 3556/08, whereby the directions are given at para 6 as under: “6.Under the circumstances, this petition is disposed of by giving following directions: 1) The proposed election notified in the public notice dated 24.1.2008 proposed to be conducted on 24.2.2008 shall not be conducted. The petitioner shall issue public notice in any leading Daily of Rajkot cancelling the election. Such notice shall be issued on 23.2.2008. 2) Respondent No.1 shall conduct election for electing new trustees and all office bearers and members of the executing committee as per the constitution within 60 days from today. 3) To ensure that elections are completed within the aforesaid time, all efforts will be made by the trust SCA/11839/2002 3/4 JUDGMENT from the stage of updating/ preparation of electoral roles and completing the election with counting of votes and declaration of result. This shall be done under supervision and in consultation with an observer of the Court who shall be the Registrar of the District Court, Rajkot whose expenses and remuneration shall be borne by the respondent trust. At the initial stage, the respondent shall deposit a sum of Rs. 20,000/- with the District Court, Rajkot, by way of adhoc sum to be adjusted at the time once the elections are completed. It will be open to the observer to appropriate such reasonable sum as may be necessary for the expenditure without reference to the Court. His remuneration shall however, be decided at an appropriate stage on his report. 4) Since the petitioners have undertaken not to proceed further with the process of holding election, regular civil suit No. 75/2008 filed before the Principal Senior Civil Judge, Rajkot does not survive and it is stated that same will be withdrawn accordingly. Once elections are completed, all the proceedings pertaining to conduct of the elections before different authority shall also be rendered infructuous.” 4. Mr. Shah has further declared before the Court that pursuant to the direction issued by this Court, the process of election is on. 5. Under these circumstances, even otherwise also, the election is not being held pursuant to the order passed by the Charity Commissioner. Further, this Court at the interim stage, at the SCA/11839/2002 4/4 JUDGMENT present proceedings did not give any direction. 6. Hence, no useful purpose would be served in examining the question which are raised in the petition, more particularly pertaining to the scope and ambit of the power of the Charity Commissioner under Section 41A of the Act and hence, the petition can be said as having become infructuous on account of the order dated 22.02.2008 passed by this Court in Special Civil Application No. 3556/08 referred to hereinabove. 7. Hence, the present petition is disposed of as having become infructuous. However, it is observed that the question raised in this petition shall remain open. Further, the rights and contentions of both the sides as may be available on account of the order passed by this Court in Special Civil Application No. 3556/08 shall remain open. 8. Disposed of accordingly. (JAYANT PATEL, J.) *bjoy