AI Structured Summary
Not yet generated for this judgment
Judgment
Vivek Rusia, J
Heard on the question of admission.
Issue notice to the respondents by ordinary as well as RAD mode on payment of process fee within three days. Notice be made returnable within four weeks.
Heard on the question of interim relief.
By the impugned order Sub Divisional Officer and Registrar, Public Trust, Ujjain has authorized Tehsildar, Ujjain for conducting an election within one month. Under Section 26 if the Registrar is otherwise satisfied that the direction of Court is necessary for the administration of Public or the Trust property is not being properly managed or administered, he may after giving the Public Trustee an opportunity to be heard direct such Trustee to apply to the Court for direction. If the Trustee so directed to face make such an application he shall himself make an application to the Court.
Under Section 27 the Court shall have power to make an order for removing a Trustee, appointing a Trustee, issuing any direction as the nature of the case may require, therefore, prima facie the Sub Divisional Officer has no authority to appoint the Tehsildar for conducting the election in the Trust. Hence, till the next date of hearing the operation of the impugned order in respect of conducting an election is hereby stayed.
C.c. as per rules.