J.B. PARDIWALA, J.

1. As the issues raised in all the captioned first appeals are the same and the challenge is also to a selfsame order passed by the Addl. District Judge, Bhavnagar, those were heard analogously and are being disposed of by this common judgment and order.

2. For the sake of convenience, the First Appeal No.765 of 2018 is treated as the lead matter.

3. This first appeal under section 76 of the Bombay Public Trusts Act, 1950 (for short "the Act, 1950) read with section 96 of the Civil Procedure Code is at the instance of the original respondents Nos.1 to 9 before the court below and is directed against the judgment and order dated 17th February, 2018 passed by the Addl. District Judge, Bhavnagar in the Civil Misc. Application No.140 of 2011.

4. The Civil Misc. Application No.140 of 2011 came to be filed by the respondents Nos.1 and 6 herein respectively for the necessary directions and modifications in the Election Rules framed under the scheme, invoking Clause-48 of the scheme framed by the District Judge, Bhavnagar, referred to above.

Scheme framed by the District Judge, Bhavnagar:-

5. Let me give a fair idea about the scheme which was framed by the District Judge, Bhavnagar dated 7th October, 1978.

6. The scheme framed is for the management of the properties pertaining to the temple of Shri Gopinathdeo, Gadhada and the temples subordinate thereto. A Public Trust came to be designated as and know by the name of "The Trust of the Temples of Shri Gopinathdeo at Gadhada and its Subordinate Temples".

7. Few salient features of the scheme may be summarized as under;

(i) The Acharya is the supreme religious and spiritual authority. The trust property is being held by the Acharya as a custodian trustee without any rights of management and administration thereon.

(ii) The management of the trust properties and the exercise of all powers are vested in the trustees. To put it in other words, the management and administration of the trust is with the members of the Board. The members of the Board are the managing trustees. The management of the trust is undertaken in the name of the Acharya. However, the Acharya has to seek the advise of the Board of the Managing Trustees.

(iii) The Constitution of the Board of the Managing Trustees is provided in Clause-19 of the Scheme. The same is as under;

"19. Constitution of Board of Managing Trustees;

(a) The Board of Managing Trustees shall consist of 7 members;

(b) The Board shall be constituted as under:-

(i) Four representatives to be elected from amongst Grahasthis.

(ii) Three representatives to be elected from amongst ascetics so as to have one representative each from Brahmachris, Sadhus and Palas.

(iii) The Board shall elect one of its members as Chairman at the beginning of each year and the Chairman so elected will hold office for one year unless a new Chairman is elected. The same chairman may be elected as often as the managing trustees may choose, but not for more than three years in succession. PROVIDED that in the case of tie between the member of the Board in matter of election of the Chairman the same shall be decided by casting of lot.

(c) The election of first Board of Managing trustees shall take place on or before 1.1.1979, but not later than 9.4.1979 and the subsequent elections shall take place on 12th day of the month of chaitra of every fifth year after such election.

(d) Every election shall be held at Gadhada and such other centers as may be fixed from time to time under the rules pertaining to election.

(e) Subject to the rules that may be framed in behalf of the election, every adult male Grahasthi, Brahmachari, Sadhu and Pala whose names may be included in the voters list to be prepared by the Board shall respectively elect their representatives on the Board.

(f) The members retiring on expiry of the term shall be eligible for re-election only twice.

(g) Such Rules framed by the Board as may be sanctioned by the District Court with or without modificatio