( 1 ) THERE is in the town of Dakore an ancient temple of Shri Ranchhod Raiji which has since hundreds of years attracted large numbers of devotees from all over India and become a place of pilgrimage and worship for Hindus of all sects and denominations. Towards the end of the last century disputes arose as to the management of the temple and at least two suits were brought in respect of the management. In one of the suits a Scheme for management of the temple was framed by the District Court of Ahmedabad which was the Court then having jurisdiction over the town of Dakore and on appeals being brought to the High Court of Bombay the High Court made substantial modifications in the Scheme as framed by the District Court and sanctioned the Scheme so modified. It is rather important to note that in the Scheme as originally framed there were various functions assigned to the District Judge of Ahmedabad but when the Scheme was notified by the High Court a departure was made in that the references as to the District Judge of Ahmedabad were deleted and instead in relation to some of the functions under the modified Scheme the District Court of Ahmedabad was substituted for the District Judge of Ahmedabad. What significance must attach to this change of expression is a matter which I shall discuss a little later; but suffice it to state for the present that while modifying the Scheme the High Court made a change and used the expression District Court of Ahmedabad in substitution of the expression District Judge of Ahmedabad which was used in the Scheme as originally framed by the District Court. From the decision of the High Court the matter was carried in appeal to the Judicial Committee of the Privy Council; but the Judicial Committee of the Privy Council refused to interfere with the Scheme as sanctioned by the High Court and affirmed the Scheme subject to a few minor modifications which were suggested by Their Lordships of the Judicial Committee and which were assented to by counsel for the respondents.

( 2 ) THE Scheme as finally sanctioned by the Judicial Committee of the Privy Council provided for the administration of the properties of the temple to be carried on by a Trust Committee called The Dakore Temple Committee. The Committee was to consist of five members all of whom were required to be Hindus professing faith in Shri Ranchhod Raiji. The first five members of the Committee were appointed by Clause 3 of the Scheme while the future constitution of the Committee was provided in Clauses 4 5 6 and 7 which were in the following terms:-"4. The future members of the Committee shall be selected or nominated as the case may be in the manner specified below:- 1. Three members shall be selected by the District Court of Ahmedabad. 2. The fourth member shall be such male member of the Tambekar family as is for the time being the manager of the Swasthan property or a representative from the Tambekar family provided that if the manager for the time being be under disability then the 4th member shall be such person as the District Court shall appoint to act on his behalf during the disability under the Swasthan Scheme. 3. The fifth member shall be a nominee of the Sevak subject to the qualification contained in Clause 6. 5. All the members of the Committee shall retire at the end of five years from the date of this Scheme but they shall be eligible for re-appointment subject to the qualification contained in Clause 6 as regards the nominee of the Sevaks. The term of membership shall thence-forward be for life except in the case of anyone appointed by the District Court to act during disability as aforesaid. 6. The nominee of the Sevaks shall be entitled to be on the Committee for the first five years. At the end of this term the District Court of Ahmedabad shall determine whether the representation of the Sevaks should be further continued or whether some other arrangement should be made for keeping up the number of