An individual with substantial criminal allegations cannot be deemed eligible for appointment as a Mahant of a public trust.

JUDGMENT

This first appeal is preferred by original applicant Shri Kamlesh Das, Chela Late Mahant Shri Bhagwat Das (now dead) through L.Rs. Amit Sharan Chachodiya challenged order dated 16.07.2010 passed by th VII Additional District Judge, Sagar (Fast Track Court) in M.J.C. No.04/2009 whereby trial Court has dismissed the application in respect of the appointment of Mahant for registered Public Trust No.253 Shree Dev Atal Bihari Mandir, Bada Bazar, District Sagar.

2. This appeal was admitted for final hearing on 08.10.2010.

3. The facts of the case in short are that appellant instituted M.J.C. on the death of Mahant Bhagwat Das Bairagi of registered Public Trust No.253 Shree Dev Atal Bihari Mandir, Bada Bazar, District Sagar. By the non-applicant/appellant Kamlesh Das and Anand Bihari Sharan applicants were submitted before Sub Divisional Officer, Sagar for appointment of Mahant as the successor of Muhattamkar on which objector Lakshminarayan and others objected to these two as Mahant of Trust and requested for formation of Board of trustee to run the trust. On examining the applications and objections, the Sub Divisional Officer did not find both of the applicants suitable for post of Mahant/Muhattamkar and matter was sent Court for giving instructions for formation of a Board of Trustee for the proper functioning of the trust and proper management of the property. Appellant Kamlesh Das has requested to appointment as Muhattamkar on the basis of the registered Will of Late Shri Bhagwat Das Bairagi on dated 03.12.86. Non-applicant No.2 Anand Bihari Sharan himself claiming for appointment of Mahant on the basis of that he was high born got Brahmin initiated by Shree Shree Ji Maharaj and most qualified person for the post of Mahant/Muhattamkar, but during the trial before the trial Court non-applicant No.2 Anand Bihari was died. Objector Lakshminarayan filed objection and pleaded that Kamlesh Das was a person of a criminal tendency and has requested for direction not to make him Muhattamkar and to constitute a trust committee for proper management of the trust. Trial Court has framed issue and after taking evidence of the parties, the claim of the deceased appellant Kamlesh Das was dismissed, therefore, this appeal has been filed by the appellant.

4. Learned counsel appearing on behalf of appellant submitted that there was many inimical people who never want to see appellant on the seat of Mahant. The day he was initiated in the order of the religious sect of the Temple a criminal complaint against him by the complainant on behest of Luxman Chachodiya and the objection was filed, was made to be arrested under Section 151 of Cr.P.C. and similarly other more complaints to implicate falsely were filed against him on behest of the objector and his father who was Pujari who wanted to be seated on Mahant themselves. The appellant had not misappropriated any property of trust as soon as late Mahant Bhagwat Das expired receiver was appointed. The Registrar has wrongly assumed that minor cannot be appointed as Mahant or successor. The recital in appointment letter dated 20.07.1983 and Will of Late Mahant Shri Bhagwat Das in sum and substance was to be read. Even though appellant had not been convicted, he had been condemned not to be appointed as Mahant. His application was rejected and the matter was referred to the District Judge Sagar under Section 26 of the Public Trust Act. The Additional District & Sessions Judge has not passed a proper order under Section 26 (2) of Madhya Pradesh Public Trust Act , therefore, the judgment of the Additional District & Sessions Judge may be set aside and applicant/appellant to be recognized and approved as Muhattamkar/Mahant.

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