Back
2025 Supreme(Online)(Raj) 13313
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MUNNURI LAXMAN, J
Danmal Banthia – Appellant
Versus
The Commissioner, Devasthan Department, Government Of Rajasthan – Respondent
Civil Writ Petition No. 20483/2024
For the Appellants/Petitioners: Mr. Abhinav Jain
For the Respondents: Mr. Suresh Shrimali, Mr. Rishabh Shrimali, Mr. B.L. Bhati, AAG, Mr. Sandeep Soni
The Assistant Commissioner must determine the validity of by-laws before conducting trust elections.
Headnote:(A) Rajasthan Public Trust Act, 1959 - Election process - The petitioners sought directions for holding the elections of the Public Trust whose management committee's term expired but without conducting elections - Court directed the Assistant Commissioner to decide on validity of original and amended by-laws before conducting elections. (Paras 1-5)
(B) Administrative Procedure - The procedure for amending by-laws and conducting elections must comply with statutory frameworks and any amendments need official recognition to be valid. (Paras 4-5)
Facts of the case:
The petitioners, members of a Public Trust, claimed elections should be held as per original by-laws, while private respondents contended amendments were made without proper orders. Previous writ attempts were made to conduct elections.
Findings of Court:
Assistant Commissioner required to ascertain the constitution's validity and ensure elections are conducted accordingly.
Issues: Whether the original or amended constitution of the Trust should be upheld for elections.
Ratio Decidendi: The Assistant Commissioner must decide on rival claims of by-law validity and conduct elections as stipulated, within stipulated time frames.
Result: Writ petition is disposed of with directions.
| Table of Content |
|---|
| 1. petitioners seek direction for election process. (Para 1) |
| 2. dispute on validity of by-laws and need for elections. (Para 2 , 3) |
| 3. assistant commissioner decide validity of the by-laws. (Para 4) |
| 4. court directive for timely elections after validity decision. (Para 5) |
| 5. final order on conducting elections. (Para 6) |
Order
10/07/2025
1. The present writ petition has been filed by the petitioners with the following prayers:-
“(a) The non-petitioners be directed to start the election process from the stage which was postponed vide notice dated
23.08.2024(Annex-7)
(b) That the non-petitioners be directed to hold the election within a period of 15 days or in a period which the Hon’ble Court deems appropriatel and (c) In the alternate the petitioners respectfully prayed that as the period of the Management Committee has already been expired on 17.08.2022, in the event of delay in holding the election, the non-petitioner no.2 be appointed as an administrator over Oswal Shri Sangh Panchasyat, Bidasar to manage the affairs of movable and immovable property; and (d) Any other order or direction the Hon’ble Court deems just and proper in the facts and circumstances of the case be made in favour of the petitioners.”
2. The case of the petitioners is that the petitioners are the Members of the Public Trust and the Public Trust was registered with the Devasthan. At the time of registration of the Public Trust, the by-laws were submitted to the Assistant Commissioner for registration and the by-laws were validly registered. As per the original by-laws, the elections have to be held for every three years and the elections were held originally in the year 2019 and the term of the elections of the private respondents expired in the year 2022. Subsequently, no election has been conducted.
3. Initially, the petitioners approached this Court by filing a writ petition seeking a direction to the Assistant Commissioner to conduct the election and this Court had issued a direction to conduct the election. The existing committee was not a party to the said writ petition and aggrieved by the same, they had filed a writ appeal; the said appeal was disposed of with a liberty to approach the appropriate authority to decide the rival claims of both the parties.
4. The grievance of the writ petitioners is that the election has to be held as per the original constitution which was registered at the time of registration of the Trust with the Devasthan Department. The grievance of the private respondents is that the original Constitution was amended consequently and such amendment was made after calling for the General Body Meeting of the Committee. In the General Body Meeting, it was agreed to change in the Constitution of the existing Constitution and as per the approval of the General Body Meeting, the amended Constitution was submitted to the Commissioner, however, no orders have been passed by the registering authority i.e. the Assistant Commissioner, either accepting the amendment to the existing by-laws or rejecting such by-laws.
5. The Assistant Commissioner is required to decide whether the original Constitution is still valid or the amended Constitution, if it is validly passed as per the procedure for amendment of by- laws, then he has to take a decision confirming whether the first Constitution shall prevail or the second amended Constitution shall prevail, and such a decision has to be taken by hearing both the parties. The decision with regard to the constitution shall be taken within one month from the date of receipt of this order. After the decision is taken with regard to the by-laws, the Assistant Commissioner shall take steps to conduct the elections in terms of the by-laws which he upholds, and such election process also shall be completed within one month from the date of determination of validity of the constitution.
6. With the above directions, this writ petition is disposed of.
