PAVANKUMAR JAIN Vs. PRIYAVADAN AMBALAL PATEL
LAWS(GJH)-2013-9-327
HIGH COURT OF GUJARAT
Decided on September 12,2013

Pavankumar Jain Appellant
VERSUS
Priyavadan Ambalal Patel Respondents




JUDGEMENT

- (1.)HEARD learned advocates for the parties.
(2.)THE petitioners, Trustees of the Petrochemicals Township Devasthan Trust and opponents in Misc. Judicial Application No. 2 of 2013 from the office of the Joint Charity Commissioner, Vadodara have approached this court invoking Article 226/227 of the Constitution of India challenging the order passed on 30th March, 2013, whereunder the Joint Charity Commissioner in exercise of the powers conferred upon him under Section 41A of the Bombay Public Trust Act, 1950 (hereinafter referred to as the Trust Act for short), issued directions for undertaking procedure for revoking or rescinding the Resolution dated 6.1.2013 and till the same is revoked, suspended the same, which had effect of suspending the respondent no. 1, before this Court for the grounds mentioned therein.
(3.)FACTS in brief leading to filing this petition deserve to be set out as under:
The petitioners and respondent no. 1 are the Trustees in the Trust called The Petrochemicals Township Devasthan Trust, which is duly registered public charitable Trust governed by the provisions of the Trust Act. The respondent no. 1 is one of the Trustees and in further thereto, functioning as Secretary to the Trust and discharging the duties as such. The petitioner no. 3 and others reported an incident said to have occurred on 3.1.2013 wherein, the respondent no. 1 is attributed with an action of assault on other office bearers. This was the incident which compelled the other Trustees to undertake appropriate proceedings and pass a Resolution dated 6.1.2013 suspending the respondent no. 1 from acting as a Trustee, Secretary and prohibit him from entering the office of the Trust till the inquiry proposed against him in respect of his conduct said to have been occurred on 3.1.2013 were not over. This resolution proceeded by notice to the respondent no. 1. The said resolution as per the contention of respondent no. 1 not being in conformity with the provisions of the Trust Deed and he was constrained to approach the authorities under the provisions of the Trust Act, wherein after hearing both the sides extensively, the concerned Joint Charity Commissioner issued direction vide his order dated 22.3.2013. Being aggrieved and dissatisfied with the same directions, the petitioners have preferred this petition under Article 226/227 of the Constitution of India on the grounds mentioned in the memo of petition.

Learned counsel appearing for the petitioners contended that the plain and simple reading of Section 41A of the Trust Act is not permit the Joint Charity Commissioner to pass impugned order, as the same was not within his jurisdiction and hence, the order impugned is per -se illegal and required to be quashed and set aside.



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