1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR FIRST APPEAL NO. 17/2000 (Dr. Sumatichand Rupchand Jain & ors. Vs. The Charity Commr. & ors.) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : Smt. Vasanti A. Naik, J. DATED : 3 rd JULY, 2008. Heard Shri Kaptan for the appellants, and Shri Kshirsagar for the respondent nos. 2 to 7, 9, 11, 13 to 18. By this first appeal, the appellants challenge the judgment passed by the District Judge, Buldhana by which the Scheme framed by the Assistant Charity Commissioner, Akola Region, Akola, was modified. Shri Digambar Jain Dharma and Samaj Vikas Trust, Malkapur (hereinafter referred to as the Trust) is a registered Trust under the Bombay Public Trusts Act (hereinafter referred to as the Act) and during the pendency of certain proceedings filed by the appellant nos. 1 to 9 under the provisions of Section 22 of the Act, an application under Section 50A of the Act was presented before the Assistant Charity Commissioner, Buldhana for framing the Scheme of 2 the Trust. The application was allowed and after making necessary enquiry, the Scheme of the Trust was framed by the Assistant Charity Commissioner on 29/1/1988. The order dated 29/1/1988 was challenged by the respondents before the Additional District Judge, Buldhana in M.J.C. No. 9/1990. It was the case of the respondents before the learned District Judge that in view of the original rules of the Trust, every male Jain Digambar, who was a resident of Malkapur and had attained majority, was entitled to vote for electing the Managing Committee of the Trust. However, according to the respondents, by the Scheme framed by the Assistant Charity Commissioner, a Digambar Jain of Porwad community only was permitted to vote in terms of Clause 8A of the Scheme. The respondents were also Digambar Jain, but did not belong to Porwad community and according to the respondents, by the Clause 8A of the Scheme, they were prevented from casting their vote at the election of the Managing Committee though they were earlier entitled to vote in terms of the Rules of the Trust. The District Judge, Buldhana, partly allowed the appeal filed by the respondents by the judgment and order dated 14/7/1999, and deleted the word “Porwad” from clause 8A of the of the Scheme. 3 The aforesaid deletion aggrieved the present appellant and hence, they have preferred the second appeal against the order of the District Judge, Buldhana. It is submitted on behalf of the appellant by the learned counsel that the Assistant Charity Commissioner had made necessary enquiry and thereafter, framed the Scheme by which Digambar Jain Porwad were held to be entitled to vote at the elections of the Managing Committee. The counsel for the appellant took this Court through the Rules of the Trust, which existed prior to the framing of the Scheme to show that the Trust was created for the overall development and progress of the Digambar Jain religion and Digambar Jain Samaj. It was further pointed out that the function of the Trust as stated in Rule 7(5) was to look after the religious sect of Porwad Jain from Malkapur. According to the learned counsel for the appellants, the District Judge was not justified in modifying the Scheme framed by the Assistant Charity Commissioner. Per contra, it is submitted on behalf of the respondents that the Trust came into existence since long and by the rules of the Trust, every Male Jain Digambar who was the resident of Malkapur and had attained the age of majority, was entitled to cast 4 a vote in the election of the Managing Committee. Hence, according to the counsel for the respondents, the voting rights were not restricted only to Digambar Jain Porwad community and could be exercised by all other communities/classes of Digambar Jain. It is submitted on behalf of the respondents that the Rules which were earlier in existence, clearly showed that the Trust was formed with an object to uplift the Digambar Jain Religion and Digambar Jain Samaj. I have perused the order passed by the Assistant Charity Commissioner and the judgment rendered by the District Judge. I have also perused the Scheme framed by the Assistant Charity Commissioner and the Rules/Regulations which were in existence prior to the framing of the Scheme. It is apparent from the Rules that the Trust was created for overall development of Digambar Jain and the Digambar Samaj. The object of the Trust did not appear to be the upliftment of Digambar Jain Porwad only. Clause 5 of the Regulation/Rules clearly showed that every male member of Digambar Jain community was entitled to vote at the elections of the Managing Committee, if he had attained majority and was a resident of Malkapur. By the Scheme framed by the Assistant Charity Commissioner, the other communities/ 5 classes of Digambar Jain who were permitted to participate in the administration of the Trust and who were also entitled to vote for the election of the Managing Committee of the Trust, were prevented from casting their votes at the election on the ground that they were not Porwads. Hence, according to the District Judge, the Assistant Charity Commissioner had clearly committed an error in restricting the voting rights to Digambar Jain Porwad only when prior to the framing of the Scheme, the other communities of Digambar Jain were permitted to cast their votes. The reasons recorded by the District Judge in the impugned judgment appear to be extremely reasonable and just. The findings recorded by the District Judge are pure findings of facts which do not give rise to any substantial question of law. The first appeal is, therefore, dismissed with no order as to costs. JUDGE RMP