( 1 ) THE present petition is filed inter alia seeking relief for modification of the scheme which was settled by this Court in Suit No. 689 of 1906 on 18-6-1910 and has been amended from time to time by various orders passed by this Court. The present Miscellaneous Petition is filed for a further amendment of the scheme of the trustees of the Parsee Panchayat Trust. Some of the material facts of the present case are as under :

( 2 ) ORIGINALLY in suit No. 689 of 1906 the scheme was sanctioned by this court on 18-6-1990 pertaining to the election of trustees of the funds and immovable properties of the Parsee Panchayat. The said scheme is in force as on date. Briefly speaking the scheme inter alia provides for establishment of an electoral College known as "anjuman Committee' to be constituted as contemplated under the scheme. It is contemplated under the scheme that the said committee must consist of Parsees coming from two separate streams. One by general Election from the General Register of the Parsee maintained by the parsee Panchayat and other called as Donor Members of the Anjuman committee. In a nutshell the constitution of the Anjuman Committee is comprising of two streams of Parsees. One is Donor Members who have donated specific sum of money and by mere donation has become a member of the anjuman Committee and the second is a general category of Parsees who register themselves with the Parsee Panchayat and whose name appears on the register maintained by the Parsees and which is known as 'general Register'. It is these members whose name appears in the General Register are empowered to elect certain members as the members of the 'anjuman Committee' along with the donor members of the 'anjuman Committee'. Originally the scheme provided a ratio of 1 :1 i. e. one donor member of the Anjuman Committee will have one elected member from the General Register of the Parsees as an elected member on the Anjuman Committee.

( 3 ) SOMETIME in or about January/february, 1999, the trustees of the Parsee panchayat have framed a further amendment to the scheme and objections were invited from the members of the Parsee Community. The trustees have after considering the said objections have now formulated proposals for proposed amendment to the said scheme. In brief following proposals are framed for amendment of the scheme :

(A) Originally the amount of donation fixed for donor members was rs. 15000/ -. It is proposed to enhance this to Rs. 25,000/- or more. (b) The ratio of 1 :1 donor member to the elected members is sought to be altered by providing the ratio 1 :2 i. e. one donor member equivalent to have two elected members on the Anjuman committee. (c) It has been provided that if in any constituency there are less number of elected members than the donor member then every constituency will be entitled to fill in deficiency by electing more than one person from the other constituency. (d) It has been provided that the term of the trustees should not exceed 21 years and on expiry of his period of 21 years he shall not be re-eligible for election. (e) It is proposed that the security deposit for the purpose of contesting the election of trustees to be enhanced from Rs. 500 to Rs. 50007- and if a candidate does not get atleast 100 votes the said security deposit is liable to be forfeited.

( 4 ) THE aforesaid proposal was discussed at the meeting of the trustees. Majority of the trustees have approved the proposal and accepted the same. However, two of trustees namely respondent No. 2 and 3 before me have dissented from the said proposal and have not agreed to the proposal put forward by the majority of trustees who are 5 in number. According to the respondent nos. 2 and 3 the scheme for election of trustees by an indirect method through the 'anjuman Committee' as existing today should be scrapped. According to respondent Nos. 2 and 3 the method of election should be direct i. e. the Parsees whose name appears on the general re