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2020 Supreme(Guj) 251

A.Y.KOGJE
Mahendrabhai Jechandbhai Patadiya – Appellant
Versus
Charity Commissioner, Gujarat State – Respondent


Advocates Appeared:
For the Petitioners:Mr. Anshin Desai, Senior Advocate assisted by Mr. Digant M. Popat and Mr. Avinash G. Kotak.
For the Respondents:Ms. Nidhi Vyas, A.G.P., Mr. S.N. Shelat, Senior Advocate with Mr. Mihir Joshi, Senior Advocate assisted by Mr. Mrugen K. Purohit.

JUDGMENT :

1. RULE. Learned AGP Ms. Nidhi Vyas waives service of Rule on behalf of respondent No.1 and learned Advocate Mr. Mrugen Purohit waives service of Rule on behalf of respondent No.2.

2. With consent of learned Advocates for the parties, the matter is taken up for final hearing and disposal.

3. This petition under Article 226 of the Constitution of India is filed for setting aside judgment and order dated 11.12.2019 passed by the Charity Commissioner. It is also prayed to stay election process to the Board, which is scheduled on 08.04.2020, as a consequences of setting aside of the impugned judgment and order of the Charity Commissioner.

4. The facts relevant for the purpose of this case are that Scheme Amendment Application No.5 of 2011 is moved by respondent No.2 before the Charity Commissioner. The said application was filed as, as per the Rules, sanction of the Charity Commissioner is necessary. The periodical amendments to the Election Rules are required to be sanctioned by the Charity Commissioner and accordingly, resolution No.9 dated 22.09.2019, which amended Rules

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