Gujarat High Court
Alpesh Zaverbhai Patel, President vs Manishbhai Dinubhai Patel on 23 September, 2021
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
C/SCA/13489/2021 ORDER DATED: 23/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13489 of 2021
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ALPESH ZAVERBHAI PATEL, PRESIDENT
Versus
MANISHBHAI DINUBHAI PATEL
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Appearance:
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1,2,3
RUSHABH H MUNSHAW(8958) for the Petitioner(s) No. 1,2,3
for the Respondent(s) No. 1,10,11,12,13,14,15,2,3,4,5,6,7,8,9
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
Date : 23/09/2021
ORAL ORDER
1. Heard Mr. Shalin Mehta, learned Senior Counsel appearing with Mr. Rushabh Munshaw learned Advocate appearing for the petitioners.
2. Learned Advocate Mr. Mehta submitted that the election of the Chemist and Druggist Association, Vadodara was held on 19.05.2019 and the petitioners were elected as office bearers of the association in their respective capacity. It is submitted that the respondents have also participated and lost in the election. Being aggrieved the respondents filed an application under Section 41A of the Gujarat Public Trusts Act, 1950 ((hereinafter referred to as "the Act of 1950") before the Charity Commissioner inter alia praying for quashing and setting aside the election held on 19.05.2019.
3. The petitioners have therefore submitted an application under Order 7 Rule 11 of Code of Civil Procedure and Section 151 read with Section 76 of the Act of 1950. The Joint Charity Commissioner rejected the application inter alia on the ground that Page 1 of 2 Downloaded on : Fri Sep 24 06:30:48 IST 2021 C/SCA/13489/2021 ORDER DATED: 23/09/2021 the provisions of Order 7 Rule 11 of the Code are not applicable to the proceedings under Section 41A of the Act of 1950. It is submitted that in support of such application, judgments were also brought to the notice of the Joint Charity Commissioner including the judgment in the case of Manishbhai Narendrakumar Pandya vs. Joint Charity Commissioner reported in 2020(0) AIJEL-HC- 24452. This Court in paragraph 6 has held that it cannot be disputed that the Charity Commissioner has wide powers to issue directions to any trustees of a public trust or any person connected therewith to ensure that such trust is properly administered and the income thereof is properly accounted for or duly appropriated and applied to the objects and for the purposes of the Trust. This Court while dismissing the writ petition, held that the election wherein the party has participated could not have challenged it under the guise of seeking direction under Section 41A of the said Act. It is contended that the Joint Charity Commissioner disregarding such proposition, has rejected the application.
Having regard to the submissions made by the learned Counsel appearing for the petitioners, issue notice to the respondents returnable on 08.10.2021. In the meantime, the proceedings of Civil Miscellaneous Application No. 25 of 2019 is stayed till the next date of hearing.
(SANGEETA K. VISHEN,J) SINDHU NAIR Page 2 of 2 Downloaded on : Fri Sep 24 06:30:48 IST 2021