Disposed

Madariya Sajnan Sangh through Its President Roshanlal Nanlal Kothari President Madariya Sajnan Sang v. Badarmal Modiram Jain

Gujarat HC14 Aug 2019SCA/3792/2018

Case brief

AI extract

What is this about?

Special Civil Application disposed of by consent reaching final order. Election schedule for Trust President fixed with Charity Commissioner to appoint officer.

What did the court decide?

Order of Joint Charity Commissioner substituted to direct election of Trust President on 08.09.2019 with specific schedule and handover of records.

Madariya Sajnan Sangh through Its President Roshanlal Nanlal Kothari President Madariya Sajnan Sang Vs Badarmal Modiram Jain — Gujarat HC (2019) — LawSathi Research

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C/SCA/3792/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 3792 of 2018

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MADARIYA SAJNAN SANGH THROUGH ITS PRESIDENT ROSHANLAL NANLAL KOTHARI PRESIDENT MADARIYA SAJNAN SANG & 8 other(s)

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Versus

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BADARMAL MODIRAM JAIN & 2 other(s)

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Appearance:

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MR VISHAL T. PATEL(6518) for the Petitioner(s) No. 1,2,3,4,5,6,7,8,9 MR DM JAISWAL, AGP for the Respondent(s) No. 2,3 MR ASHISH H SHAH(2142) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

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Date : 14/08/2019

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ORAL ORDER

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During the course of arguments, considering the nature of dispute and the fact that the programme for conducting the election is already declared and the AGM for the purpose of conducting of the election, the parties have arrived at a consensus, and accordingly, the matter is to be disposed of.

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The present petition has been filed by the petitioners challenging the order dated 31.01.2018 passed by the Joint Charity Commissioner, Ahmedabad in Judicial Misc. Application No.60/2017.

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Present petition is hereby disposed of with consent of the parties as stated by the learned advocates at the Bar upon instructions and the order of the Joint Charity Commissioner passed in Judicial Misc. Application No.60/2017 is hereby substituted as under :

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Page 1 of 3

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C/SCA/3792/2018 ORDER

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I. Election of the President of the Trust shall be held 08.09.2019 as per the constitution amended by the Trust, as the notice agenda for calling Annual General Meeting is already circulated on 11.08.2019 by the Trust.

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II. The Charity Commissioner shall appoint any officer from the office of the Asst. Charity Commissioner or any revenue authority as Election Officer for conducting election on or before 22.08.2019.

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III. The Election Officer shall hold election as per the following schedule : nominations to be filed on or before 25.08.2019, scrutiny and finalization of the nominations to be done on or before 28.08.2019, withdrawal of the candidature, if any, on or before 01.09.2019, final list of candidates 03.09.2019. Election amongst the final candidates will be in AGM on 08.09.2019 by secret ballot. The aforementioned schedule will be intimated to the members by the Trust on or before 19.08.2019.

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IV. Upon conclusion of the election of the President, the outgoing President will hand over the charge and literatures and records pertaining to the Trust to the newly elected President.

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V. Cost of elections and remuneration of the Election Officer as fixed by the office of the Charity Commissioner shall be borne by the Trust.

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VI. All the disputes pertaining to the election of the President of the Trust in the interregnum period shall not survive and shall come to an end.

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Page 2 of 3

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C/SCA/3792/2018 ORDER

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In view of above, the order impugned of the Joint Charity Commissioner is substituted to the aforementioned extent.

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The petition stands disposed of accordingly.

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(A.Y. KOGJE, J)

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KUMAR ALOK

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Page 3 of 3

Madariya Sajnan Sangh through Its President Roshanlal Nanlal Kothari President Madariya Sajnan Sang v. Badarmal Modiram Jain

Case brief

What is this about?

What did the court decide?

Madariya Sajnan Sangh through Its President Roshanlal Nanlal Kothari President Madariya Sajnan Sang v. Badarmal Modiram Jain

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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