The court held that Section 8(2)(c) of the Bihar Hindu Religious Trusts Act, 1950, and Rule 4 of the Bihar Swetamber Jain Religious Trusts Rules, 1955, were invalid because they did not specify any age limit for voters.

Misra, J.

1. The petitioners are Swetamber Jains and have sought an appropriate writ for quashing annexure one which is a notification by the Special officer of the Hindu Religious Trusts Board in respect of the Swetamber Jain Religious Trusts in the State of Bihar. This relates to the preparation of the electoral roll for holding election u/s. 8(2) (c) of the Bihar Hindu Religious Trusts Act. 1950. (hereinafter to be referred to as the Act). It contains a request to all the members of the Swetamber Jain sect, men and women of the age of 21 years or above, later on modified to majority by annexure two. to submit their names, age, fathers name and full address within thiry days of the notification. The petitioners have challenged the validity of this step for preparation of the electoral roll on several grounds such as vagueness in the meaning of the term "Shree Sangh" used in Section 8(2)(c) of the Act as also the requirement of 21 years of age or maioritv as a condition precedent for enrolment as a voter. Another grievance made is that the notification was published in Pradeep and Vishwamitra, two Hindi newspapers having circulation in Bihar only, whereas the Swetambar Jain sect in Bihar scarcely has sot sixteen thousand members out of sixteen lacs who are spread all over India but are to be found predominantly in Maharashtra. Guiarat and Raiasthan.

2. It is relevant to quote Section 8 of the Act which deals with the manner of the constitution of the Board concerned with supervision of the proper management of the trusts. Sub-section (1) of Section 8 of the Act provides for the manner of constitution of the Board for looking after the religious trusts of general Hindu community. It runs thus:

"8. President and members of the second and every subsequent Board and their term of office. (1) Of the members of the second and every subsequent Bihar State Board of Religious Trusts-- (a) seven shall be persons appointed by the State Government: Provided that, of the persons so appointed-- (i) one shall be a person who is. or has been, a member of the Bihar Civil Service (Executive or Judicial Branch) or a member of the Bihar Superior Judicial Service or the Indian Administrative Service or a lawyer of at least ten years standing, if no such person has been elected under Clause (c); and

(ii) two shall be sadhus;

(iii) four shall be persons elected in the prescribed manner by the trustees of religious trusts other than Jain Religious Trusts registered under this Act; and

(c) eight shall be persons elected in the prescribed manner by the Hindu members of the State Legislature and the Hindu members of the Parliament from the State of Bihar: Provided that of the persons to be so elected, one shall be a Budhist, unless there is no Budhist candidate for such election."

Sub-section (2) contains the provision in regard to the Swetamber Jains and runs thus:

"(2) Of the members of the second and every subsequent Bihar State Board of Swetamber Jain Religious Trusts- (a) two shall be persons appointed by the State Government;

(b) four shall be persons elected in the prescribed manner by the trustees of the Swetamber Jain Religious Trusts registered under this Act; and

(c) five shall be persons elected in the prescribed manner by the Shree Sangh (an assembly of Swetamber Jains)."

Rule 4 of, the Bihar Swetamber Jain Religious Trusts Rules, 1955 , framed under the Act, provides for the method of election of the members of the Board and Clause (c) of Rule 4 (2) specifically lays down the procedure for preparation of the electoral roll in respect of election of the members under Clause (c) of Sub-section (2) of Section 8 of the Act. Clause (c) of Rule 4 (2) runs thus:

"(c) The electoral roll in respect of election of the members under Clause (c) of Sub-section (2) of Section 8 shall be prepared in Hindi in Devanagri script by the President. The President shall publish a notice in at least two Hindi newspapers having circulation in the State, s