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2003 Supreme(Raj) 132

SHIV KUMAR SHARMA, KHEM CHAND SHARMA
Prabhudas Swami – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
B.P. Agrawal, Sr. Advocate with R.P. Agrawal & Ashok Pareek, for Petitioners S.M. Mehta, Advocate General with Pranitu Jain, for Respondent State R.N. Surolia, N.K. Maloo, Anju Shukla, for Respondent Intervenors

Honble SHIV KUMAR SHARMA, J.–Meaningful question that arises for our consideration in the instant matters is whether provisions contained in Section 79 of the Rajasthan Public Trusts Act 1959 are open to attack on the ground of excessive delegation.

(2). The prayer of the petitioners in D.B. Civil Writ Petition No. 772/2000, is as under :

(i) to declare the provisions of Section 79 of the Rajasthan Public Trusts Act, 1959 (in short 1959 Act) to be ultravires of the Constitution.

(ii) to declare the appointment of the Managing Committee consisting of respondents 2, 3, and 4 to be illegal and null and void and action of the managing committee be struck down.

(iii) to restrain the respondents 2, 3 and 4 from interfering in the management affairs of Shri Dadu Dayalu Mahasabha and its elected managing committee consisting of respondents 6 to 16.

(3). Three other writ petitions related to management of Shri Dadu Dayalu Mahasabha bearing Nos. 5559/99, 936/2001 & 6361/2002 pending before the Single Bench were also ordered to be tagged together.

(4). Section 79 of the Rajasthan Public Trusts Act, 1959 (for short 1959 Act) authorises the State Government to provide by order for removal of difficul






















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