Point of Law:
Charity Commissioner can exercise suo moto powers to issue necessary direction as the regulatory authority to produce the record for the purpose of examining about the management of the affairs of the trust but the Charity Commissioner cannot exercise the powers which requires calling of evidence by the party for adjudication of any issue.

JUDGMENT :

1. These petitions are arising out of the two orders, one being Miscellaneous Application No.19 of 2019 and another being Miscellaneous Application No.23 of 2019 disposed of by the Joint Charity Commissioner, Ahmedabad vide orders dated 06.07.2019.

2. Since the issues raised in the captioned petitions are the same, those were heard analogously and are being disposed of by this common judgment and order.

3. The brief facts giving rise to these petitions are summarized as under :

(i) The petitioners are trustee of the Trust viz. “The Imamsha Bava, Roja Sanstha Committee” (for short “the Trust”). The Trust was formed by an order dated 21.05.1939 passed in Civil Suit No.168 of 1931 by framing the scheme of administration. The composition of the Committee as provided in the scheme is that the Committee shall consist of 11 members out of which one will be “Gadiwala Kakasaheb”, three elected Saiyeds by the Saiyed Constituencies and seven elected Satpanths from the seven Constituencies of Satpanths.

(ii) It is the case of the petitioners that in 2002, due to demise of the erstwhile Gadiwalakaka, the Original-respondent No.1 Nanjikaka and one late Shri Pachhankaka staked their claim to be Gadiwalakaka. Change reports were filed by both late Shri Nanjikaka and late Shri Pachhankaka before the Office of Deputy Charity Commissioner. The Change Report No.1002 of 2002 was filed by one Patel Bhimjibhai Karshanbhai for original-respondent No.1 to be Gadiwalakaka and the Change Report No.1013 of 2002 was filed by one Saiyed Nuruddin Badamiya for late Pachhankaka to be Gadiwalakaka.

(iii) The Deputy Charity Commissioner by an order dated 3rd March 2006, rejected the Change Report No.1013 of 2002 for late Pachhankaka to be Gadiwalakaka and by an order dated 3rd June 2006, allowed the Change Report No.1002 of 2002 for original respondent No.1 for late Nanjikaka.

(iv) The Deputy Charity Commissioner, allowed the change Report No.1002 of 2002 by ordering to delete the name of late Karshankaka as Gadiwalakaka and by including the name of original-respondent No.1- late Nanjikaka as de facto Trustee in the Public Trust Register (for short 'PTR'). The Deputy Charity Commissioner further issued direction to the trustees of the Trust to hold election in a democratic manner and to appoint Gadiwalakaka from the Petakakas as per procedure laid down in the Trust Deed within 90 days from the date of order and to submit the change report after 90 days. It was further ordered that if such procedure is not followed then after 90 days name of the de facto trustee would be deleted from the PTR.

(v) One Bhimjibhai Karshanbhai Patel filed an Appeal No.20 of 2006, challenging the aforesaid order passed by the Deputy Charity Commissioner before the Charity Commissioner. The Charity Commissioner by order dated 30th January 2010, rejected the appeal and confirmed the order passed by the Deputy Charity Commissioner.

(vi) The order of the Charity Commissioner was again challenged by Bhimjibhai Karshanbhai Patel by filing Civil Misc. Application No.24 of 2010 before the District Court. The District Court vide order dated 26th February 2019 rejected the Civil Misc. Application No. 24 of 2010 under Section 72 of the Bombay Public Trust Act, 1950 (hereinafter referred to as the “the Act”), confirming the order passed by the Deputy Charity Commissioner as well as the Charity Commissioner.

(vii) It is the case of the petitioners that a meeting was called on 3rd March 2019, wherein one of the agenda item was to accept the order passed by the District Court and another was to appoint original-respondent No.1 as Gadiwalakaka. Thereafter, by a notice dated 7th March 2019 agenda was issued seeking approval of the Resolution No.11 passed by Committee members by which the respondent No.1 was sought to be appointed as Gadiwalakaka and the meeting was convened on 12th March 2019. However, the petitioners as well as the respondent Nos.9 and 11 lodged their protest in the meeting and the