ORAL ORDER

FACTS-SPECIAL CIVIL APPLICATION No.10145 of 2021

1. By filing Special Civil Application No.10145 of 2021, the petitioner has prayed to quash and set aside order dated 9.6.2021 passed by Joint Charity Commissioner, Mehsana, in Judicial Misc. Application No.13 of 2018. It is further prayed to declare constitution of Core Committee as illegal and to declare all its decisions as illegal. It is also prayed to appoint Administrator.

2. As per the facts of the case, the petitioners are members of Shri C.D.Patel Mahavidya Mandal. All the petitioners are elected as members of executive Committee. One Tushar Kanubhai Patel, one of the respondent herein was elected as President of Shri C.D.Patel Mahavidya Mandal.

2.1 Shri C.D.Patel Mahavidya Mandal is a public trust registered under the Bombay Public Trusts Act, 1950. The object of the Trust is to see that children of Talod town and surrounding areas can get educational facilities in Talod town so that they may not have to travel at distant place. The entire area is backward area and for upliftment of the public, the said Trust was established in the year 1960. Initially, the Trust has established Arts and Science College. In the year 1972, the Trust separated the said Arts and Science College into two separate colleges, one is Science College and another is Arts and Commerce College. Both the colleges are grant-in-aid colleges and salary of teaching and non-teaching staff is made by the State Government directly.

2.2 Shri Kanubhai Chunibhai Patel-Respondent No.3 approached the learned Charity Commissioner, Gujarat State, Ahmedabad by way of filing Judicial Miscellaneous Application No.26 of 2015 with a prayer to appoint administrator of Shri C.D.Patel Mahavidya Mandal. The learned Charity Commissioner, Gujarat State, Ahmedabad by order dated 13.10.2015 was pleased to appoint administrator of the Mandal.

2.3 Thereafter, Shri Kanubhai Chunibhai Patel approached the learned Charity Commissioner, Gujarat State, Ahmedabad by way of filing Judicial Miscellaneous Application No. 56 of 2015 with a prayer to declare election of Shri C.D.Patel Mahavidya Mandal. The learned Charity Commissioner, Gujarat State, Anmedabad by order dated 27/4/2016 directed that the election of Shri C.D.Patel Mahavidya Mandal be conducted as early as possible. Further, the administrator was directed to hold the election without fail within 3 months from the receipt of the order and before holding the election, certain instructions were issued.

2.4 Pursuant to the order dated 27/4/2016 passed in Judicial Miscellaneous Application No. 56 of 2015, the Administrator published notification declaring election of Shri C.D.Patel Mahavidya Mandal for the year 2016 to 2019 (three years). The petitioner is member of Shri C.D.Patel Mahavidya Mandal. The petitioner is elected as member of executive committee. The respondent No.3 was elected as President of Shri C.D.Patel Mahavidya Mandal.

2.5 Respondent No.2 did call the first meeting of Executive Committee on 17/9/2017 but in the said meeting contrary to the Constitution of the Mandal, he constituted Core Committee. There is no provision of appointing any Core Committee in the Constitution of the Shri C.D. Patel Mahavidya Mandal. Further, the term of executive committee came to an end on 30/6/2019. Inspite of that, respondent No.3 neither call any meeting of General Board nor initiated any proceeding to held election and committed breach of the provisions of the Constitution.

2.6 Under the aforesaid circumstances, the petitioner had approached respondent no.1 by filing Judicial Miscellaneous Application No. 13/2018 with a prayer to (i) direct respondent No.2 to call the meeting of Executive Committee since he has not called any meeting till date after 4/7/2016 the day on which executive committee was constituted; (ii) to cancel Core Committee which is constituted on 17/9/2017 contrary to the Constitution of mandal; (iii) to declare all resolutions/decisions passed by Core Com