ANIL KUMAR, J.

( 1 ) RULE. The learned counsel for the parties state that no other affidavits are to be filed and the matter be taken up for final disposal.

( 2 ) THE learned counsel for the petitioner restricts his prayer to appointment of Mr. Justice K. Ramamoorthy (Retd.), who is appointed by respondent no. 6 as observer for the election of management committee of respondent No. 6 to be held on 6. 10. 2006, to be appointed as a Court observer/administrator giving him all necessary and incidental powers to ensure free and fair elections of respondent No. 6 and till then management of Sai Temple at Lodhi Road, Delhi be also done by him.

( 3 ) BRIEF facts to comprehend the disputes are that the petitioner is a society registered under the Societies Registration Act and is engaged in doing various religious, charitable, social and secular activities and to provide all kind of related facilities to the devotees of all religious institutions, temples, gurudwaras, churches etc.

( 4 ) THE grievance of the petitioner is that while providing volunteers and charitable services in Sai temple located at Lodhi Road which is one of Delhi's oldest temple of Sai Baba and is also known as "chhota Shirdi" they have come across great illegalities, misuse and embezzlement of funds, donations and charity worth crores of rupees.

( 5 ) THE petitioner contended that it reported the said illegalities to concerned authorities and departments but no action has been taken till date and consequently the state of affairs of the temple are going from bad to worse unabated and there is no law or authority to check the public money being swindled away or being misused for personal use by the members of the so called ad-hoc committee of respondent No. 6.

( 6 ) ACCORDING to the petitioner the day to day affairs of respondent No. 6 are being managed illegally, un-authorizedly, arbitrarily and autocratically by so called ad-hoc committee headed by its self styled Honorary secretary sh. S. K. Kapoor with the assistance/connivance of his friends such as mr. O. P. Sharma who is working as the manager and his family members which includes his son Mr. Romi Kapoor. The affairs of the temple are being run on the personal whims and fancies of Sh. S. K. Kapoor and his associates and there is no duly elected and constituted managing committee to manage the affairs of the temple because neither the general body meeting nor election of the managing committee has taken place for the last over eight years. According to the petitioner even the authentic list of members of respondent No. 6 is not there and the original and founder members have either expired or have shifted their residence or have stopped coming to the temple or taking interest in respondent no. 6 society due to arbitrary and illegal activities of Sh. S. K. Kapoor.

( 7 ) ACCORDING to the rules and regulations the managing committee is required to be constituted and elected in the following manner:-" One member for every 10 members of the Samaj subject to a minimum of 6 and a maximum number of 21 members exclusive of the President and all other office bearers. "

( 8 ) ACCORDING to the rules and regulations of respondent No. 6, the society has founder members, life members, ordinary members and honorary members. The affairs of the respondent No. 6 are to be managed by a managing committee. According to the rules and regulations of respondent No. 6 the managing committee of the Samaj is as follows:-MANAGING COMMITTEE OF THE SAMAJ: the affairs of the Samaj will be managed and administered by a body which shall be known as MANAGING BODY composed of and shall be constituted as under:-1. President 2. Vice President (two) (One Senior Vice President and the other Junior Vice President. One of which sh. R. S. Chitnis shall be permanent Ex-Officio President not subject to elections, during his life time and so long as he does not cease to be a member of the samaj.)3. Secretary 4. Joint Secretary 5. Treasurer 6. Jo