JUDGMENT

SABYASACHI MUKHARJI, J.:— This is a petition under Art. 32 of the Constitution, filed by Ramsharan Autyanurasi and Vijendra Singh. They assert that it is public interest litigation. This petition was addressed to one of the learned Judges of this Court by name.

2. The petitioners state that they wanted to bring to the notice of the Judge the total disarray caused by the arbitrary and highhanded running of the premier institution of ancient art, culture and history in Rajasthan, namely, the "Sawai Man Singh II Museum Trust by its Chairman Lt. Col Sawai Bhawami Singh. They further state that since they are the concerned citizens of the State and the country, it is their duty to seek Courts intervention in this matter. It is asserted that in Jaipur, Rajasthan, the Maharaj Sawai Mansingh II Museum Trust had been created by Late Maharaja Sawai Mansingh as Public Trust and the same was registered as a Public Trust under the provision of the Rajasthan Public Trust Act, 1959 (Rajasthan Act 42 of 1959).

3. The petitioners state that Lt. General Maharaj Rajendra Maharaj Dhiraj Sawai Man Singh of Jaipur and his predecessors, rulers of erstwhile Jaipur State had founded the museum for the benefit of the public, in a portion of the City Palace, Jaipur and this museum has a large number of items of value and is being used for the benefit of the public of the State of Jaipur and by visitors to that State. Hence, Lt. General His Highness Maharaj Sawai Man Singh II, Maharaj of Jaipur had dedicated and declared the State museum along with all the collections constituted therein and an additional sum of Rs. 1 lac after relinquishing all personal rights, title and interest therein and vested the same in favour of the trustee as owners thereof, to have and hold the same upon Trust for the benefit of all inhabitants of Jaipur and for the visitors to Jaipur irrespective of caste, creed or religion, giving them right to have access to and be at liberty to use the museum with powers to manage, maintain, protect, promote, preserve, augment and improve the State museum. It is stated that he did this by executing a proper deed of indenture and registering the same. The Trust so created was named "His Highness Maharaja of Jaipur Museum Trust" and was expressly declared to be irrevocable the late Maharaja having relinquished his own interest totally, reserving no rights or powers by the settlor.

4. Clause 33 which is not necessary for the purpose of this litigation, of the indenture of Trust made this position very clear. The original trustees in the said Trust included the Settlor, Rajmata Gayatri Devi, Shri Sir V. T. Krishnamachari, His Highness Maharaja Bhim Singh of Kota, Shri Brij Mohan Birla, Shri Radha Krishnan Chamaria and Shri G. C. Chaterjee in his capacity as the vice-chancellor of the Rajasthan University. In the petition it was further stated that the Settlor, Maharaja Sawai Mansingh breathed his last on June 24, 1970 and in his place Lt. Col. Sawai Bhawani Singh, son of the Late Maharaja became one of the trustees of the above-named Trust.

5. After the death of Maharaja, the name of the Trust was changed as "Maharaja Sawai Mansingh II Museum Trust." During the course of time the trust-body changed as certain members came and went, and finally at the relevant time when the petition was presented, the Board of Trustees, it was alleged, consisted of the following :

1. Rajmata Gayatri Devi of Jaipur,

2. His Highness Maharaj Bhim Singh of Kota,

3. Sh. R. P. Agarwal,

4. Lt. Col. Sawai Bhawani Singh,

5. Sh. Dhararn Vira,

6. Dr. Prem Kirpal, and

7. Dr. K. C. Agarwal.

6. However, it appears that the stepmother, namely, Rajmata Gayatri Devi and the step-son Lt. Col. Sawai Bhawani Singh did not pull on well, so there were disputes and differences regarding the conduct and the management of the said Trust. The petitioners in the petition allege that Lt. Col. Sawai Bhawani Singh purported to act as Settlor and had suddenly started acting in a high-handed an