IMPORTANT POINT
The key legal principle established is that the directions issued by the Hon’ble Supreme Court were specific to the 2018 election and did not apply to the upcoming elections, and the court has the power to appoint an Election Officer.

JUDGMENT :

1. RULE. Learned AGP Ms Pathak waives service of notice of Rule on behalf of Respondent – State and learned senior advocate Mr Pahwa waives for Respondent No. 4. With the consent of the parties, today the matter is taken up for final disposal.

2. By way of this petition, at the relevant point of time, when the petition was preferred, the petitioners have prayed for multi-fold reliefs. Further, at the time of issuance of Notice vide Order dated 12.03.2024, learned senior advocate Mr H. M. Parikh, upon instructions, had made statement that the petitioners are praying for only the relief prayed for in Paragraph 29 (B) and rest of the prayers are not pressed. Hence, the Notice was issued in respect of prayer made in Paragraph 29 (B), which is reproduced as under:

“Be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus, and to direct the parties to this proceeding to suggest the names of three retired Judges of this Hon’ble Court each by either party for appointment of the election officer for holding the election of the Board of Trustees of the respondent Trust:

3. Heard learned Senior Advocate Mr H. M. Parikh with learned advocate Mr Kishan Dave for the petitioners and learned senior advocate Mr Mihir Joshi with learned senior advocate Mr Navin Pahwa for Respondent No. 4 and learned AGP Ms Shruti Pathak for Respondent – State and Respondent No. 2.

4. The petition is preferred by the petitioners on the ground that though the Hon’ble Supreme Court has, in respect of earlier election held in the year 2018, while passing the Order in Miscellaneous Application No. 494 of 2019 in Civil Appeal No. 12060 of 2018, passed an Order whereby, the Hon’ble retired Judge of this Court was appointed as an Election Officer and the same would amount to modifying the rules of the election of Respondent No. 4 – Trust and in respect of present election, which is scheduled on April, 2024 also, the same pattern is required to be followed and therefore, it was submitted by learned senior counsel Mr. Parikh that as it was suggested by this Court in earlier round of litigation to the parties to give three names of retired Hon’ble Judges of this Court, this Court may follow the same practice and direct the Respondent No. 4 – Trust to appoint any one retired judge of this Court to act as an Election Officer.

5. Learned Senior Advocate Mr. Parikh submitted that in earlier round of litigation, the controversy before this Court, at the relevant point of time, was in respect of First Appeal No. 765 of 2018 and allied matters arising out of the decision by the learned Additional District Judge, Bhavnagar dated 17.02.2018 in Civil Miscellaneous Application No. 140 of 2011 whereby, the application for direction and modification of the scheme of elections in Chapter 14, Sections 48/49 of the Election Scheme of Shree Gopinathji Dev Mandir Trust having Registration No. A/245 Bhavnagar was preferred and the learned Additional District Judge vide his Order dated 17.02.2018 partly allowed the Miscellaneous Civil Application No. 116 of 2011 and modified the scheme as stated in the said order and the said modification was challenged before this Court by way of First Appeal No. 765 of 2018 and allied matters.

6. The aforesaid First Appeal No.765 of 2018 and allied First Appeals were allowed to the extent of enhancement of the amount towards Dharmada i.e. from Rs.125/- to Rs.250/- but, while allowing the aforesaid First Appeal, this Court in Paragraph 63 summarized the conclusions and for the purpose of this petition, the Conclusion No. 5 is relevant, which is reproduced as under:

“(v) The directions issues by the court, in my view, are just proper and tenable in law except one and that is with regard to the election officer. Instead of the District Collector, Botad, the trust board shall appoint a retired Judicial Officer of the rank of the District Judge or a retired City Civil Judge as the election officer.”