IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 11303 of 2024 With R/SPECIAL CIVIL APPLICATION NO. 11398 of 2024 With R/SPECIAL CIVIL APPLICATION NO. 11411 of 2024 ==========================================================

YOGI DIVINE SOCIETY & ORS.

Versus THE JOINT CHARITY COMMISSIONER & ORS.

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Appearance in Special Civil Application No.11303 of 2024:

MR MIHIR J THAKORE, SENIOR ADVOCATE WITH MR VISHAL T.

PATEL(6518) and MR KIRTAN H. MISTRY, ADVOCATES for the Petitioner(s) No. 1,2,3,4,5,6 for the Respondent(s) No. 1,4,5,6,7 MR PRAKASH K JANI, SENIOR ADVOCATE WITH MR. ARCHIT P JANI(7304) for the Respondent(s) No. 2,3 Appearance in Special Civil Application No.11398 of 2024:

MR RASHESH S. SANJANWALA, SENIOR ADVOCATE WITH MR VISHAL T. PATEL(6518) and MR KIRTAN H. MISTRY, ADVOCATES for the Petitioner(s) No. 1,2,3,4,5,6 for the Respondent(s) No. 1,4,5,6,7 MR PRAKASH K JANI, SENIOR ADVOCATE WITH MR. ARCHIT P JANI(7304) for the Respondent(s) No. 2 Appearance in Special Civil Application No.11411 of 2024:

MR JAL S UNWALA, SENIOR ADVOCATE WITH MR VISHAL T. PATEL(6518) and MR KIRTAN H. MISTRY, ADVOCATES for the Petitioner(s) No. 1,2,3,4,5,6 for the Respondent(s) No. 1,4,5,6,7 MR PRAKASH K JANI, SENIOR ADVOCATE WITH MR. ARCHIT P JANI(7304) for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN Date : 05/08/2024 COMMON ORAL ORDER Mr Mihir H. Thakore, learned Senior Advocate with Mr Vishal T.

Patel and Mr Kirtan H. Mistry, learned advocates for the petitioners, took this Court to the trust deed (page 140) to submit that as per clause 1(b), the trustees are the individual trustees and shall include their survivors from time to time and/or their assign or assigns.

1.1 It is submitted that clause (c) of paragraph 10 provides for retirement and/or resignation of the trustees by giving notice in writing to the trustees of his intention. Clause (d), inter alia, deals with the situation of vacancy. It says that in the office of the trustees, resulting into vacancy, it shall be lawfully filled up by the continuing trustee by a resolution duly passed by the majority of the trustees present at the meeting of the trustees called for the purpose to appoint a new trustee. Clause 12 provides for framing of the rules and regulations for management and administration of the trust. While clause 14 pertains to regulation of the procedure relating to the convening and conducting of the meeting of the board of trustees and clause 15, says about exercise of the powers, authorities etc. by instrument executed in writing and to be signed by all the trustees or such of them as may be desired to vote or by the resolution of the trustees. It is further submitted that clause 16, is a deeming provision and no resolution can be said to have been duly passed by the trustees by circulation, unless such resolution has been first circulated in draft together with the necessary papers to all the trustees at their usual address and has been approved by the trustees. It is further submitted that as per the clause (17), it is only when there is a difference of opinion, arising among the trustees on any of the subject touching the business or administration of the trust, the decision of the President of the board of trustees, shall be final and binding upon the trustees. It is submitted that the said clause, would not apply if the decision is taken by the majority of the trustees.

1.2 While adverting to the merits of the matter, it is submitted that on 12.04.2022, the respondent no.2 called for a meeting with various agendas and one of which, was appointment of the new trustee. It is further submitted that on 12.04.2022, the respondent no.2, was informed about the inconvenience on the part of some of the trustees. It is submitted that on 19.04.2022, a public notice was issued when, no ingress and egress was permitted at Shri H