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2021 Supreme(Guj) 101

VIPUL M.PANCHOLI
Society For Clean Earth Through Its Authorized Representative – Appellant
Versus
Ld. Charity Commissioner, Ahmedabad – Respondent


Advocates:
Advocate Appeared:
MR SN SOPARKAR, SENIOR ADVOCATE WITH MR ADITYA A GUPTA, MR MOHIT A GUPTA, MR AR GUPTA, MS NEETA A PANDIT, MR MIHIR THAKORE, SENIOR ADVOCATE WITH MS MAMTA R. VYAS

ORDER :

1. This petition is filed under Articles 226 and 227 of the Constitution of Indian, in which, the petitioners have prayed that the order dated 10.02.2021 passed by respondent No.1 in Misc. Application No.15 of 2021 be quashed and set aside.

2. Heard learned Senior Advocate Mr.S.N. Soparkar assisted by learned advocate Mr.Aditya A. Gupta for the petitioners and learned Senior Advocate Mr.Mihir Thakore assisted by learned advocate Ms.Mamta R. Vyas for respondent Nos.2 to 7.

3. The factual matrix of the case is as under:

3.1 It is the case of the petitioners that petitioner No.1 is a Society registered under the provisions of the Societies Registration Act, 1860, which was registered on 03.02.2011. It is stated that the Charity Commissioner issued show cause notice dated 05.08.2019 to some of the members of the governing body of the petitioner Society calling upon the said members to show cause as to why the petitioner Society should not be registered under the Gujarat Public Trusts Act, 1950 (hereinafter referred to as “the Trusts Act”); as to why the registration of the petitioner Society should not be cancelled and as to why prosecution should not be initiated against them for

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