Board of Religious Trust & Ors.; 1988 (1) PLJR 212 (D.B.) also held that such power can be exercised in three situations. One, where there is a vacancy in the office of the trustee and there is no one competent to be appointed; second, when a bona fide dispute as to the right of any person to act as a trustee arise and in the opinion of the Board there is likelihood of breach of peace or serious interference with the management of property, and lastly when there is a vacancy caused by the order of the Board passed under Clause (2) (h) of Section 28 of the Act. Therein, without removing the trustee, the Special officer appointed the Anchal Adhikari as trustee of the Dharmasala. Here there is no question arising of removal, since the appellant, but for being appointed temporarily as a Mahanth in the year 2014, was never appointed as a Mahanth permanently. The action of the President of the Board in appointing the Committee was found to be perfectly within jurisdiction and in the factual situation, eminently proper. The decision cited was found to be inapplicable since the dictum of the cited decision was insofar as the power to invoke Section 33 of the Act, being unavailable in the said cases since there was no vacancy in the office of the trustee and also for reason of absence of an order
