ON I.A. Nos. I to VIII/2012

K. Sreedhar Rao, J.

One Vijayakumar and Others have filed I.A.No.1 to III/12. I.A.No.I/12 is filed U/s.151 of CPC to frame a fresh scheme for the management and administration of Loka Shikshana Trust by making alterations/additions/amendments to the existing clauses under the Scheme dated 28.02.1986.

I.A.No.II/12 is filed U/s.151 of CPC for an interim order directing the chairman and trustees of Loka Shikshana Trust from taking any fresh policy decisions relating to administration, running of business and management of the trust or from purchasing any new machines or properties or selling movable or immovable properties of the Loka Shikshana Trust pending disposal of the application.

I.A.No.III/12 is filed U/s.92 r/w. Sec.151 of CPC seeking leave to file appropriate application for framing a fresh scheme for the management and administration of Loka Shikshana Trust by making alterations/additions/amendments to the existing clauses under the scheme dated 28.2.1986 U/s clauses under the scheme dated 28.2.1986 vide Annexure-1.

One Lingappa and Another have filed I.A. No. IV U/s.92 of the CPC for framing a fresh scheme for management and administration of Loka Shikshana Trust by making alterations/additions/amendments to the existing clause under the scheme dated 28.02.1986.

One Ragavendra T. Tavanappanavar & another have filed I.A. No. V and VI/12. I.A.No.V/12 is filed U/s.151 CPC seeking modification of the scheme and for grant of temporary Injunction against the respondent/trustees of Loka Shikshana Trust from taking any fresh policy decisions relating to the Trust from alienating and purchasing any movable and immovable properties of the Trust in any manner during the pendency of the application and for modification of the scheme of the Trust. I.A. No. VII 12 is filed U/s.92 CPC r/w. Clause 38 proposing the following amendments to the scheme:

1. Replace Clause 3 of the existing Scheme with the following:

"3. Office of the Trust: The registered office of the Trust and shall be in Hubli and its address is Samyukta Karnataka Office, Koppikar Road, Hubli-580020."

2. In Clause 9 of the existing Scheme, at the end of the first paragraph, add the following:

"The Secretary shall preferably be a graduate in Law or Commerce and shall be above the age of 45 years and below the age of 60 years. The Secretary shall not hold any other post associated with the Trust activities."

3. In Clause 10 of the existing Scheme, delete the words, 'by power of attorney or otherwise', and replace the following:

"through a decision to be recorded in the Board."

4. Replace Clause 12 of the existing Scheme with the following:

"Tenure of Trustees: The Trustees appointed under this Scheme shall hold office of the Trust for a period of five years from the date of their assumption of the charge. Only persons residing in any of the nine districts of Northern Karnataka, viz., Dharwad, Haveri, Gadag, Karwar, Belgaum, Bijapur, Gulbarga, Raichur and Bidar, shall be eligible for being appointed as Trustees of the Trust. Within a period of two months from the date of any vacancy/vacancies arising on account of expiry of tenure, death, resignation or removal, the Chairman of the Trust and/or the Secretary of the Trust, along with at least one other Trustee, shall approach the Principle District Court at Dharwad shall have the discretion to receive recommendations from members of the public of other persons for appointment as Trustees to fill up the vacancy/vacancies. The Principal District Court at Dharwad shall fill up the vacancy/vacancies from amongst the persons whose recommendations are received by the Court. Until such vacancy/vacancies are filled up by the Court, the remaining Trustees shall continue to function as the Board of Trustees."

5. Replace Clause 21 of the existing Scheme with the following:

"Accounts: The Board of Trustees shall cause to be kept proper accounts of the funds and property of the Trust as well as its various activities