ASOK KUMAR GANGULY, B.P.SINGH
Swamy Jai Krishnacharya – Appellant
Versus
Bihar State Board Of Religious Trust – Respondent
1. Heard learned counsel for the parties.
2. The appellant claiming to be the trustee of Takanpur Mathia filed a writ petition before this Court challenging the order of the Chairman of the Bihar State Hindu Religious Trust Board dated 20.8.1998 (Annexure-5 to the writ petition) removing him from the office of the Trustee of the aforesaid Trust and appointing the Circle Officer as the temporary Trustee till further orders. The matter came up before a learned Judge of this Court who vide his order dated 5.4.1999 dismissed the writ petition. In fairness it must be noticed that the appellant had impugned the order removing him from the office of the trustee on the ground that by a composite order a trustee could not be removed and a temporary trustee appointed. According to him, it was only after a trustee was removed that another order could be passed appointing a temporary trustee. This submission was negatived by the learned Judge. In our view, rightly.
3. The point urged before us is that the power to remove a trustee vests in the Board and not in the President of the Board. The impugned order dated 20.8.1998 (Annexure-5) was passed by the Chairman of the Board. As such th
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