SCA/13594/1994 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 13594 of 1994 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 ? ========================================================= BALKRISHNA RAMANLAL RAO - Petitioner(s) Versus KANUBHAI SHIVLALBHAI BRAHMBHATT & 3 - Respondent(s) ========================================================= Appearance : NOTICE SERVED for Petitioner(s) : 1, MR BM PATEL for Respondent(s) : 1, RULE SERVED for Respondent(s) : 2, MS TRUSHA K PATEL, AGP for Respondent(s) : 3, MR HD VASAVADA for Respondent(s) : 4, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 03/04/2008 ORAL JUDGMENT The petitioner has preferred the petition for challenging the order passed by the Assistant Charity SCA/13594/1994 2/3 JUDGMENT Commissioner dated 20th December, 1994 in the proceedings of Inquiry No.332 of 1994 whereby the direction was issued to hold the election of two seats which had fallen vacant and the temporary arrangement was made by the Managing Committee on such seats and further five seats by way of regular vacancies, total 7 seats. Such election was ordered to be held and the change report was to be submitted within the prescribed period. 2. It appears that initially when this court ocnsidered the matter on 26th December, 1994, the operation of the order of the Assistant Charity Commissioner was stayed. Thereafter, on 17th June, 1995, the petitioner had moved the amendment and it was stated that after the stay granted by this court, the election of 1/3rd member of the respondent no.1 – Trust has been held on 1st January, 1995 and five persons are declared elected and it is also prayed that as the election has been held and newly elected members have assumed the office for a period of three years, the challenge would survive only for examining the propriety of the order passed by the Assistant Charity Commissioner. It appears that thereafter this court, on 17th June, 1995, while admitting the matter, granted ad-interim relief to the effect that till the petition is finally disposed of, the election to the vacancy created due to retirement of the members shall be held every year according to law. SCA/13594/1994 3/3 JUDGMENT 3. Under these circumstances, it appears that as pending the petition, the election of five members has already been held, on account of the regular vacancy of 1/3rd members. So far as the additional two members for which the election was ordered by the Assistant Charity Commissioner is concerned, the said period has also expired by efflux of time. Further, after the interim order passed by this court on 17th June, 1995, the election is ordered to be held every year of the retiring members. 4. Under these circumstances, as the period has expired and the term of the member who was to be elected has also expired, no useful purpose would be served in examining the larger question of propriety of the order passed by the Assistant Charity Commissioner which, if examined, would result only for academic purpose. 5. Hence, the petition is disposed of as having become infructuous by efflux of time. As a consequence thereof, the order passed by the Assistant Charity Commissioner would also no more survive keeping all rights and contentions of both the sides open. Rule made absolute accordingly. No order as to costs. ( Jayant Patel, J. ) hki