JUDGMENT :

1. Rule returnable forthwith. Respective learned advocates waive service of notice of Rule for and on behalf of the concerned respondents.

2. In this petition, under Articles 226 and 227 of the Constitution of the India, the petitioners have challenged the order dated 08.02.2023 below Exh.5 in Judicial Misc. Application No.60 of 2022. The order was passed by the Joint Charity Commissioner, Vadodara.

3. The facts in brief indicate that the petitioner nos.1 and 2 are Sahishnus and have renounced their world for the purpose of following the path of Swaminarayan under the able guidance of Sadhu Shri Hariprasad Dasji.

- The petitioners’ case is that they have been residing at Haridham, Sokhda, Aksharpurshottam Temple which was the main place of abode for the founder of the trust Shri Hariprasad Dasji.

- An application under the provisions of Section 41(A) of Gujarat Public Trust Act, 1950 (for short, hereinafter referred to as ‘the Act’) was filed by the petitioners. It was their case that the respondents are trustees of two trusts namely; Yogi Divine Society and Shri Hari Ashram Trust. The basic motto of these trusts was to impart education and spread religion amongst the society and the applicants have approached the Joint Charity Commissioner with a prayer that the Joint Charity Commissioner be pleased to declare that the Sadhus and Sadhvijis are an integral part of the trust and are entitled to have a place of residence at any property owned by the trust. An application with a similar prayer with interim relief was prayed for. By the impugned order, dated 8.2.2023, the application Exh.5 of the petitioners came to be rejected.

4. Mr. Mihir Thakore, learned Senior Counsel and Mr. Percy Kavina, learned Senior Counsel assisted by Mr. C. B. Upadhyaya, learned advocate have appeared for the petitioners. They made the following submissions.

- Mr. Mihir Thakore, learned Senior Counsel would invite the Court’s attention to the application filed u/s.41(A) of the Act and submit that the applicants are the disciples of late Shri Sadhu Hariprasad Dasji who left for heavenly abode on 26.7.2021. The applicants renounced the world to stay with the main Guru and undertake all the activities such as trading of religion, imparting education and other social activities. Having renounced the world and completely having submitted to promoting the religion they cannot go back to their families. It was in this context that the prayer was made in the application that they are entitled to a place of residence at any property owned by the trust.

- Mr. Mihir Thakore, learned Senior Counsel would further invite the attention of the Court to the trust deed of the Yogi Divine Trust and that of Hari Ashram Trust, Sokhda. He would submit that reading the objects of the trust would indicate that it has been established for the purpose of setting up and organize educational institution with technical base. A special emphasise was made by Shri Thakore on the objects which provide that that the society would make known to the neighbours and people in general, the aims and ideals of life, the system of Yoga of totally secular nature and also to start and run bhojnalayas for Sadhus and devotees.

- Mr. Mihir Thakore, learned Senior Counsel would submit that having renounced the world and having surrendered themselves to propagate and promote the objectives as narrated hereinabove and also when the settler of the Swaminarayan Sampraday was desirous of establishing, maintaining and aiding temples, bhojnalayas for Sadhus and Satsangees, right of a residence in the properties of the trust of which they were an integral part was a matter directly connected with the administration of the trust.

- Mr. Mihir Thakore, learned Senior Counsel would invite the Court’s attention, briefly, to the controversy with regard to the litigation pending with regard to the change report filed by the respondent No.1 based on which he claimed to be the President of the trust. He wo