PATNA HIGH COURT
S.Ali Ahmad and R.N.Prasad JJ.
Ram Gopal Das
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 4104 of 1978 ;
Decided On : DECEMBER 18, 1990
BIHAR HINDU RELIGIOUS TRUST ACT - SCHEME - DISSOLUTION OF COMMITTEE - NATURAL JUSTICE - MAINTAINABILITY OF WRIT PETITION - EXHAUSTION OF ALTERNATIVE REMEDY - DISCRETION OF COURT - FACTUAL DISPUTES - JURISDICTION OF DISTRICT JUDGE - SCOPE OF JUDICIAL REVIEW.
Fact of the Case:
The petitioners, members of the Managing Committee of Mahabir Asthan Mandir, challenged the dissolution of the Committee and the reconstitution of a new Committee by the Bihar Rajya Hindu Religious Trust Board (the Board). The Board alleged mismanagement, non-maintenance of proper accounts, misuse of trust properties, and improper utilization of trust income as grounds for the dissolution.
Finding of the Court:
The Court held that the dissolution of the Committee on the ground of non-maintenance of proper accounts was not justified as the Board had not given the Committee an opportunity to explain the alleged discrepancies. The Court also held that the allegations of misuse of trust properties and improper utilization of trust income were not mentioned in the show cause notice issued to the Committee, and therefore, the Committee was not given an opportunity to respond to these allegations. The Court further held that the writ petition was not maintainable at the instance of only two members of the erstwhile committee without impleading the remaining members as respondents.
Issues: 1. Whether the dissolution of the Committee on the ground of non-maintenance of proper accounts was justified without giving the Committee an opportunity to explain the alleged discrepancies? 2. Whether the allegations of misuse of trust properties and improper utilization of trust income were valid grounds for dissolution of the Committee when they were not mentioned in the show cause notice? 3. Whether a writ petition is maintainable at the instance of only two members of the erstwhile committee without impleading the remaining members as respondents?
Ratio Decidendi: 1. The Court held that the dissolution of the Committee on the ground of non-maintenance of proper accounts was not justified as the Board had not given the Committee an opportunity to explain the alleged discrepancies. The Court relied on the principle of natural justice, which requires that a person should be given an opportunity to be heard before a decision is taken that affects their rights. 2. The Court held that the allegations of misuse of trust properties and improper utilization of trust income were not valid grounds for dissolution of the Committee when they were not mentioned in the show cause notice. The Court held that the Committee was not given an opportunity to respond to these allegations, and therefore, the dissolution of the Committee on these grounds was violative of the principles of natural justice. 3. The Court held that a writ petition is not maintainable at the instance of only two members of the erstwhile committee without impleading the remaining members as respondents. The Court held that all the members of the Committee were jointly and severally liable for the management of the trust, and therefore, all of them should have been made parties to the writ petition.
Final Decision: The Court dismissed the writ petition on the grounds that the dissolution of the Committee was not justified, the writ petition was not maintainable at the instance of only two members of the erstwhile committee, and the petitioners had not exhausted the alternative remedy of filing an application before the District Judge under Section 32(3) of the Bihar Hindu Religious Trust Act.
S.ALI AHMAD, J.
1. The two petitioners were members for the Managing Committee of Mahabir Asthan Mandir, which is, perhaps, the most popular in the city of Patna. By an office order No. 3702 dated 20-10-1987 issued by respondent No. 2, Bihar Rajya Hindu Religious Trust Board, the Managing Committee of the Mandir was dissolved and a new Committee was constituted to look after the affairs of Mahabir Asthan. A copy of the order has been appended as Annexure-1 which was sought to be quashed when the writ application was filed. During the pendency of this application, a supplementary affidavit was filed on behalf of the respondents annexing Notification dated 16-3-1990 issued by respondent No. 2, the Board, stating the fact that a trust committee has been formed by it by reconstituting Shri Mahabir Asthan Trust Committee. The Committee so formed consisted of 11 persons. In these circumstances, the petitioners filed an application with a prayer to quash the Notification dated 16-3-1990 reconstituting the Managing Committee of Shri Mahabir Asthan Trust Committee (Annexure-9) also. Further a prayer was made to implead the new members of the committee as party-respondents to the writ application. The prayer was allowed by this Court on 16-8-1990.
2. According to the petitioners, there were 11 members of Shri Mahabir Mandir Trust Committee, including the two petitioners. Notices were issued to all the 11 members of the Trust Committee asking them as to why the dues amounting to Rs. 5921.74 paise was not deposited in the office of the Bihar Religious Trust Board. The members were, therefore, asked to show cause by 20/07/1987 as to why another committee be not constituted after dissolving the present committee for better management of the Trust. A copy of this notification has been marked as Annexure-2. Annexure-3 is the reply dated 20-7-1987 sent by the Managing Committee of the Mandir to respondent No. 2 stating therein that Rs. 3484.80 paise has already been deposited with the Boarder-vide Receipt No. 2461 dated 27-6-1987. It was also said that this amount was paid as fee on the basis of the audit report and that it was prepared to pay any further amount if found due on the basis of any other audit report. In the circumstance, a request was made to inform the committee of any outstanding dues so that the same could be deposited. The show cause also made a request to grant one months time to file another show cause with regard to the reconstitution of a fresh Managing Committee after dissolving the existing one for better management of the Trust. The grievance of the petitioners is that without considering the reply of the Managing Committee as contained in Annexure 3, respondent No. 2 constituted a new committee as contained in Annexure 1 after dissolving the existing committee. It is also said by the petitioners that sometime back the dispute with regard to the constitution of the Managing Committee was considered by this Court in Misc. Appeal No. 428 of 1956. That appeal was disposed of on the basis of a compromise petition filed by the parties to the appeal. According to that compromise, it is said that the Board had agreed not to interfere with the management of the temple and its properties by the Committee.
3. A counter-affidavit has been filed on behalf of respondent No. 2, the Board, which, inter alia, states that the erstwhile managing committee was dissolved and a new committee was constituted for better management of the temple and its properties. Further it was said that show cause notice contained two parts; in the first Part, the members were asked to show cause for non-payment of fee to the Board while in the second part they were asked to show cause as to why the erstwhile committee should not be dissolved for proper and better management of the Trust. The fact that a reply was sent by the members of the erstwhile committee on 20-7-1987 was accepted but it is said that the reply was confined to the non-submissio
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.