( 1 ) THIS is a petition instituted under Article 227 of the Constitution of India and is directed against the order passed by the Charity Commissioner of the State of Gujarat in Appeal No. 61 of 1960 on April 4 1962 The appeal before the Charity Commissioner was filed against the order of the Assistant Charity Commissioner Baroda passed in Miscellaneous Application No. 175 of 1957 on January 22 1960 The proceedings were initiated on original application Exhibit 1 dated June 6 1957 that was filed by one Maneklal Mohanlal Parikh who is the second respondent in this petition in the matter of pubic trust of Bethak Mandir alias Shree Dwarkanathji Mandir situated at Madan Zampa Road in Baroda. The order in appeal annexure A to the petition that was passed by the Charity Commissioner is challenged by petitioner Lallubhai Girdharlal Parikh on the ground that it is against law procedure and is without jurisdiction. The original petitioner has died during the pendency of this petition and his legal representatives have continued this petition.

( 2 ) THE material questions that fall for my consideration in this petition are: (i) what is the nature and scope of the enquiry under