KHANWILKAR A.M., J.:---All these four first appeals and the accompanying civil applications can be and are being so disposed by this common judgment.

2. The matter pertains to the Shri Trimbakeshwar Devasthan of Nasik, which is an ancient holy temple and one of the twelve joytirlings. As it is a ""temple"", it was registered as a ""public trust"" in the year 1952 known as ""Shri Trimbakeshwar Devasthan Nashik"" (hereinafter referred to as the ""Trust""). That an enquiry under section 19 of the Bombay Public Trusts Act, 1950 (hereinafter referred to as the said Act) in respect of the Trust was undertaken by the Assistant Charity Commissioner whence one Shri Joglekar came to be appointed as the sole trustee, with the mode of succession specified as hereditary succession. Accordingly, the said Shri Joglekar was exclusively in the control and management of the affairs of the Trust since 1952 till 1965. Sometime in 1965, an application under section 50-A(1) of the Act was filed for settlement of scheme before the Joint Charity Commissioner, Bombay. After examining the relevant matters, the Joint Charity Commissioner, Bombay framed a scheme vide order dated April 27, 1967. As per this scheme the sole hereditary trustee, during his life time, was to nominate his successor and incorporate the name of his successor on a piece of paper which was to be kept in a sealed cover with the Assistant Charity Commissioner. The scheme also provided for appointment of an Advisory Board consisting of seven persons to advise the sole trustee in the management of the affairs of the said Trust. Being dissatisfied with the scheme of appointing an Advisory Board of seven persons, the said Shri Joglekar filed an application under section 72 of the Act before the District Court, Nashik, being Application No. 64 of 1967. Besides, another application under section 72 of the Act, came to be filed by the Tungar's contending that they should be included as trustees and not only as the member of the Advisory Board. After considering the said applications, the District Judge, Nashik, by an order dated July 28, 1970, amended some of the clauses of the scheme and held that the provision of sole trustee be retained; but modified the clauses with regard to the composition of the Board. The District Court provided that the Advisory Board would consist of one to be nominated by the sole trustee, one amongst the elected Counsellors of the Trimbakeshwar Municipal Council and two to be nominated by the Charity Commissioner, inter alia, one belonging to the priest family of Tungar's and the other from the donor's of the trust. Obviously both the applicants before the District Court were dissatisfied by the above decision. After this scheme was framed by the District Court, Shri Joglekar, who was the sole trustee under the said scheme, resigned. After his resignation none of the heirs of Joglekar came forward to become the trustee. In this peculiar situation, the Charity Commissioner, Bombay had no option but to invoke suo motu powers under section 50-A for modification of the scheme already settled by the District Court. Till such proceedings were to be finalized, the Charity Commissioner by order dated June 30, 1977, appointed one Shri Gokhale as the sole trustee to administer the affairs of the trust. The said suo motu proceedings were registered as proceeding No. 113 of 1979, in which the representative of the Tungar's which is also a registered Public Trust, as well as the representative of the Purohit Sangh, appeared and contended that they were closely connected with the day to day activities of the Devasthan; and it was necessary to involve them in the affairs of the Trust by appointing one of their representative as member of the Board of Trustees. Besides, Shri Gokhale who was appointed as the interim sole trustee, also participated in the said proceedings. Presumably with a view to get assistance in the framing of the scheme, the Charity Commissioner directed the

Click Here to Read the rest of this document