Hon'ble VYAS, J.—Instant writ petition has been filed by the petitioner who is life-time member and trustee of Shri Sachhiyay Mata Trust, Oriyan, Jodhpur, in which, he has challenged impugned order dated 25.03.2009 passed by the District Judge, Jodhpur in Civil Misc. Case No.125-A/2007, by which, application/appeal filed under Section 51(2) of the Rajasthan Public Trusts Act, 1959 (in short, referred to hereinafter as “the Act of 1959”) was allowed and two orders passed by the Assistant Commissioner, Devasthan Department, Jodhpur in Case No.6/2006 dated 28.09.2007 were set aside.

2. As per facts narrated in the writ petition Shri Sachhiyay Mata Trust, Osiyan, Jodhpur is a trust duly registered with the office of the Assistant Commissioner, Devasthan Department, Jodhpur. The said Trust was constituted for management of religious and historic temple of Osiyan Mata and bye-laws were framed to regulate the management. Under the Constitution of the Trust, all the members of the Trust constitute General Assembly and the General Assembly is empowered to elect the members of the Board of Trustees.

3. At the time of filing the writ petition, there are 12 members of the Board of Trustees and all the trustees are bound to follow the Constitution of the Trust; but, according to the petitioner, they have not followed the same and, due to violating the Constitution, they are not managing the Trust property in the manner as prescribed under the Constitution.

4. The petitioner earlier preferred writ petition which was registered as S.B. Civil Writ Petition No.1386/2006, in which, the petitioner was permitted to withdraw the writ petition so as to approach the authorities of Devesthan Department to raise his grievance before them. The said writ petition was dismissed as withdrawn vide order dated 10.03.2006.

5. After dismissal of the above writ petition, the petitioner approached the Devasthan Department, Jodhpur by way of filing application under Section 38 of the Act of 1959. After issuing notice of the application, reply was filed to the application in which an objection was raised that litigation is pending before the civil Court, therefore, the Assistant Commissioner should not proceed further. The Assistant Commissioner, after receiving reply, instituted proceedings under Section 51 of the Act of 1959 and, at the time of instituting the aforesaid proceedings, there were vacancies of the office-bearer members of the Board of Trustees and the working trustees did not give the information of the vacant seats within 20 days, therefore, the Assistant Commissioner instituted proceedings under Section 51 of the Act of 1959. The Ex-President wrote letter to the Assistant Commissioner, Devasthan Department, Jodhpur on 12.06.2006 that no seat is vacant of the trustees. During the pendency of the proceedings, the Assistant Commissioner prepared inspection report dated 20.08.2007 and came to the conclusion that before passing order under Section 51, proceedings under Section 23(2)(3) is necessary to determine the vacancies of the Board of Trustees. Aforesaid proceedings were taken up and finally decided vide two separate orders dated 28.09.2009. The Assistant Commissioner determined vacant seats as per Section 23 of the Act of 1959 and under Section 51 framed programme for holding elections.

6. As per facts, during the pendency of the proceedings, respondents No.2 and 3 opened membership of the General Assembly. Upon receiving the information that 900 persons applied for membership and lifetime membership fee receipt has been issued in their favour and, from it, sum of Rs.9,00,000/- has been deposited in the account of the Trust, the Assistant Commissioner permitted all those members to participate in the election who submitted their applications to the Trust.

7. Respondents No.2 and 3 challenged both orders dated 28.09.2009 passed by the Assistant Commissioner, Devasthan, Jodhpur under Section 23(2)(3) as well as order passed under Section 51 of the Act

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