C/SCA/10145/2021 ORDER DATED: 26/08/2022

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 10145 of 2021

With

R/SPECIAL CIVIL APPLICATION NO. 9851 of 2021

================================================================

PATEL KODARBHAI KALABHAI

Versus

JOINT CHARITY COMMISSIONER

================================================================

Appearance:

MR PREMAL R JOSHI(1327) for the Petitioner(s) No. 1

for the Respondent(s) No. 3

MR ADIYTA JADEJA, AGP for the Respondent(s) No. 1

MR BHATT for NANAVATI ASSOCIATES(1375) for the Respondent(s) No. 2

================================================================

CORAM:HONOURABLE DR. JUSTICE A. P. THAKER

Date : 26/08/2022

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.

Page 1 of 29

C/SCA/10145/2021 ORDER DATED: 26/08/2022

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

Page 2 of 29

C/SCA/10145/2021 ORDER DATED: 26/08/2022

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