( 1 ) THE Dai-ul-Mutlaq of the Dawoodi Bohra Community has filed this petition challenging certain directions issued to him by the Charity Commissioner Gujarat State 1 respondent to the petition under Section 41a of the Bombay Public Trust Act 1950 in the matter of Dawat property trusts of which he is the sole trustee. He also challenges the vires of the said Section 41a on the ground that it violates Articles 25 and 26 of the Constitution.

( 2 ) THE facts of the case briefly stated are as under. The petitioner is the head priest of the Dawoodi Bohra community. He is called Dai-ul-Mutlaq. The original petitioner was the 51 Dai-ul-Mutlaq. He died during the pendency of the present petition. His successor-in-office - 52 Dai-ul-Mutlaq has since been substituted as petitioner in his place.

( 3 ) THE Dawoodi Bohras believe as a matter of faith that there is only one God that Mohmad was his Prophet that God revealed the Holy book (Koran) to the Prophet that Ali son-in-law of Mohmad the Prophet was his Wasi (executor) that Ali succeeded Mohmad by Nas-e-Jali that Ali was succeeded by a line of Imams and that in all there were 21 Imams. According to their belief