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5. It is the case of petitioners that as per the scheme submitted in the office of Assistant Charity Commissioner, it is necessary to hold election after every three years starting from 28.6.2004. It is contended that till 27.6.2007 no General Body was called and no steps were taken by the trustees for calling General CRA No. 66/12 & Ors.

Body for electing new Managing Body. It is contended that initially two interested persons gave representation to the trustees on 1.8.2007 for calling General Body and then 42 such persons gave representation on 30.8.2007. These persons were interested in General Body as new Managing Body was not elected as per the scheme. It is contended that application was given to the Chief Officer of Waqf Board on 23.6.2007 and the authority was also requested to take steps by appointing Officer to hold the election.

election. The term is three years. Clause 10 (A) shows that unless and until new trustees are elected, previous trustees are to function. Clause 10 (A), 10 (C) and 10 (D) show that one month prior to expiry of three years term of the previous Body, the new trustees are required to be elected in General Body. The Clause shows that the General Body needs to be called by the Chief Trustee. Clause 11 (A) shows that unless new Chief Trustee is elected after one year term of Chief trustee the previous Chief Trustee is to function. Clause 20 (A) shows that it is the Chief Trustee who is to call atleast 2 General Bodies every year. Clause 29 shows that if in General Body, the new Body is not elected, Election Committee needs to be constituted by General Body. This Committee is to consist of the Chief Trustee, two trustees elected by the General Body for such Committee and two members of Observer Committee which needs to be constituted under the Scheme itself. Such Committee needs to hold election after following the procedure laid down in the other clauses.