( 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, death or ineligibility or for any other reason can be filled up by election of a person having requisite qualification amongst the followers of the "pusthimargiya" devotees with 2/3 majority of the board of Trustees. Section 17 of the Act of 1950 casts duty on the Public Trusts registration Office or Joint Public Trusts Registration Office, to keep and maintain such books, indices and other registers as may be prescribed. Section 22 of the act of 1950 provides that where any change occurs in any of the entries recorded in the register kept under Sec. 17, the trustee shall, within 90 dyas from the date of the occurrence of such change, or where any change is desired in such entries in the interest of the administration of such public trust, report such change or proposed change to the Deputy or Assistant Charity Commissioner in charge of the Public Trusts Registration Office where register is kept. In the meeting held on 26-7-1981, since Shri Sankalchand Mohanlal Mehta and Shri R. M. Vakil had expired, their sons, Shri Rameshchandra Sankalchand Mehta and Shri Ratilal chandulal Chokshi were appointed as trustees by adopting the Resolution. The change was reported and the same was approved and the entry was made in accordance with the provisions of Sec. 22 of the Act of 1950 in the Public Trust register (P. T. R. in short) maintained under Sec. 17 of the Act of 1950. Similarly, one, Shri Mahendrabhai was inducted as a trustee on 15-7-1983 and Dr. Krushnajivan Gandhi was also inducted as a trustee on 15-7-1986. Their names have been also entered into as trustees of the trust in the Public Trust Register. As such they have continued as trustees for years. However, on 21-6-1994 four trustees assembled at Surat and convened trust meeting and adopted a Resolution removing the trustees - Rameshchandra Sankalchand Mehta, Ratilal Chandulal chokshi, Mahendrabhai Nathaju Parikh and Dr. Krushnajivan on the ground that they were not elected by the Board of Trustees with 2/3 majority and as such their election was void ab-initio. This removal caused four vacancy in the trust. Two more vacancies occurred on account of death of Ochchhavlal Bhogilal Soni and maneklal Maganlal Gandhi. Against these six vacancies in the same meeting petitioners No. 6 to 11 were elected as trustees.

( 3 ) OUSTED trustees Chokshi Ratilal and Mehta Rameshchandra, respondent Nos. 1 and 2, made a complaint to the Joint Charity Commissioner that the opponentstrustees in collusion with some outsider are indulging in activities which are prejudicial to the interest of the trust. Serious allegation of financial irregularities was also made against the said trustees. It is also alleged that meetings of the trust are being called without notice and arbitrary and prejudicial resolutions are adopted