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Judgment
A.J.Desai, J
By way of Civil Application No.2 of 2020, the original respondent No.1 has prayed as under:
“(B) Be pleased to initiate appropriate proceedings against the exÂofficio president of the trust for committing breach of order of status quo passed
by this Hon’ble Court in the interest of justice;
(C) Be pleased to direct the exÂofficio president of the trust, his servants, agents and/or persons not to restrain the applicant to act and work as
general secretary of the trust till the final outcome of the appeal in the interest of justice;
(D) Be pleased to direct that those persons who are not registered members in the trust have no right, title and interest in participating in election of
the trust in the interest of justice;
(E) Be pleased to appoint the District Collector or appropriate independent authority which may be deemed fit and proper by this Hon’ble Court to
conduct election of trust in the interest of justice;â€
Whereas, in Civil Application No.3 of 2020, the applicant â€" proposed respondent No.4 has made the following prayers:
“(A) Be pleased to allow this application by permitting the applicant to intervene in the main First Appeal No.188 of 2020;
(B) Be pleased to grant this intervention application and applicant be permitted to join in the first appeal as intervener;
(C) Be pleased to direct that those persons who are not registered members in the trust have no right, title and interest in participating in election of
the trust in the interest of justice;
(D) Be pleased to appoint the District Collector or appropriate independent authority which may be deemed fit and proper by this Hon’ble Court to
conduct election of trust in the interest of justice;â€
The present civil applications have been argued at length and having heard learned Senior Advocates appearing for respective parties and after
perusing the record received from the office of the Charity Commissioner, Dahod with regard to the Trust in question, several resolutions passed by
the members of the Managing Committee of the Trust in question and considering the fact that election is scheduled on 09.02.2020, I do not find any
reason at this stage to modify the order. The members, who were inducted by Resolution dated 03.04.2013, are permitted to vote in the election which
is scheduled on 09.02.2020. The election shall be held in presence of responsible officer from the office of Assistant Charity Commissioner, Dahod
and result of the election shall be kept in a sealed cover and shall be produced by the Assistant Charity Commissioner, Dahod before this Court on the
next date of hearing.
Meanwhile, the President of the Trust in question, who had accepted the applications of members and who have been added as the members by the
Resolution dated 03.04.2013, shall file an affidavit in detail clarifying about his approval to the newly added members.
Stand over to 20.02.2020.
Copy of this order shall be supplied to the learned AGP for onward transmission to the office of Assistant Charity Commissioner, Dahod. Direct
service is permitted.