IMPORTANT POINT
The central legal point established in the judgment is the importance of following the procedures outlined in the Constitution of the Trust and upholding the authority of the Sanrakshan Mandal in decisions affecting the interest of the Trust.

ORDER :

1. Though the matter was listed in the fresh category however, on the joint request of the counsel for the parties, the matter is being heard today itself.

2. This writ petition has been filed under Article 226 and 227 of the Constitution of India with the following prayers:

“It is, therefore, most respectfully and humble prayed that the writ petition may kindly be allowed and by an appropriate writ, order or direction this Hon'ble Court may kindly accept the writ petition filed by the petitioner and quashed and set aside the judgment dated 31.01.2024 (Annx-22) passed by the Assistant Commissioner Devsthan Department Ajmer Division Ajmer and further set aside the entire proceedings initiated subsequent to passing of the aforesaid impugned judgment.

Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner.

Costs of the writ petition may kindly be awarded to the petitioner.”

3. The petitioner is a member of the Akhil Bharatvarsh Shree Maharshi Gautam Education and Charitable Trust (for brevity, hereinafter referred to as ‘Trust’) established in 2009 and registered in 2010 at Jodhpur. The petitioner was elected as the President of the Trust in 2015 and his tenure was up till 10.10.2020. As per the Constitution of the Trust (Annexure-1) of the Trust, the tenure of the petitioner’s election was for a period of 5 years and Section 10 of the Constitution of the Trust provides for constitution of the Managing Committee and the President under Section 10 (3) (4) of the Constitution of the Trust is empowered for appointment of the Election Officer for conducting of the elections.

4. Furthermore, the petitioner sought permission from the Police Commissioner, Jodhpur vide a communication dated 07.07.2020 (Annexure-2) for conducting of the elections and to call a meeting of the Managing Committee during the COVID-19 pandemic which was denied by the Deputy Commissioner (East) due to widespread of COVID-19 vide order dated 20.07.2020 (Annexure-3).

5. Thereafter the petitioner wrote a letter dated 21.07.2020 (Annexure-4) to the Assistant Commissioner Devasthan Department, Jodhpur seeking directions that the tenure of the Managing Committee and the President will come to an end soon and due to the COVID-19 pandemic the election process cannot be conducted and, therefore, the existing Managing Committee as well as the President shall be permitted to carry on the tenure for one more year.

6. Thereafter, vide communication dated 26.07.2020 (Annexure-5) the petitioner wrote to the Managing Committee as well as to all the office bearers of the Trust proposing for appointment of Election Officer under Section 10 (3)(4) of the Constitution of the Trust and the name of Shri Ashok Kumar Sharma was proposed for appointment as an Election Officer. Furthermore the petitioner vide communication dated 14.09.2020 (Annexure- 6) also sought permission from Deputy Commissioner (East) Police to conduct the meeting of Trust on 29.10.2020 which was rejected vide order dated 25.09.2020 (Annexure- 7) on the ground of pandemic COVID-19.

7. Thereafter vide communication dated 05.10.2020 (Annexure-8) the petitioner appointed the proposed Election Officer Shri Ashok Kumar Sharma as the Election Officer for conducting the election of the Trust in the compliance of Section 10 (3) (4) of the Constitution of the Trust and the Election Officer vide acceptance letter (Annexure-9) gave his confirmation and acceptance to conduct the elections of the Trust.

8. The petitioner vide communication dated 08.10.2020 (Annexure-10) informed the Assistant Commissioner Devasthan Department, Jodhpur regarding the appointment of the Election Officer for conducting the elections of the Trust. Furthermore the Election Officer issued the election Notification on 03.11.2020 (Annexure-11), wherein the date for publication of the voters’ list was decided as 12.11.2020