( 1 ) BY way of this Special Civil Application, the petitioners have challenged the order of the learned Charity Commissioner, State of Gujarat dated 14-2-1995 passed in Misc. Application No. 55 of 1994, whereby he allowed the application filed by respondent Nos. 1 and 2 under Sec. 41 (A) of the Bombay public Trusts Act, 1950 (hereinafter referred to as the Act of 1950) and directed that they shall continue as trustees as far as they are not terminated legally as the trustees and further a meeting of all the trustees registered in the P. T. R. should be called/convened and appointment of new trustees should be made as per the constitution and further direction was given that change report in this behalf should be produced in the office of the Assistant Charity Commissioner at Nadiad.

( 2 ) PETITIONER No. 1 Acharyashri Mahaprabhujini Ranavaswala Bethak Mandir trust, Godhara, District Panchmahals is a public trust registered under the provisions of the Act of 1950 bearing Registration No. A/394. As per Constitution of the Trust, the properties of the trust vest in the trustees. Number of the trustees are 9 to 11. Post of the trustee falling vacant due to resignation,