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(f) The President shall hold a summary enquiry into the objection, if any, filed under Clause (c) and shall record his decision which shall be final. The electoral roll shall, if necessary, be amended in accordance with the decision of the President and the roll shall thereafter become final.

(g) The President shall, as soon as may be, send at least two copies of the final electoral roll to the Returning officer."

The second Bihar State Board of Swetamber Jain Religious Trusts was constituted in the year 1958 but was superseded on the 24th of October, 1962, under Section 80 of the Act and a Special Officer was appointed to carry out the functions of the Board. On the 2nd of April, 1964, the third Board was constituted under Section 8 (2) of the Act. That Board in exercise of the powers conferred under Section 32 of the Act settled schemes for the management of Pawapuri Group of Temples and Rajgrih Group of Temples. Two writ applications were filed in this Court, which were numbered as C.W. J. C. No. 436 of 1967 and C. W. J. C. No. 483 of 1967, challenging the scheme for the Pawapuri Group of Temples. Another writ application was filed, namely, C. W. J. C. No. 437 of 1967, in which the scheme for Rajgrih Group of Temples was challenged. All the three writ applications were heard together and they were allowed by a common judgment dated the 29th of August, 1968 (Vide AIR 1969 Pat 209). At the time of the hearing of the writ applications a contention was raised that the third Bihar State Board of Swetamber Jain Religious Trusts was illegally constituted and as such the scheme framed by it was void. It appears that the electoral roll for electing five members of the Board under Clause (c) of Sub-section (2) of Section 8 of the Act had been prepared in pursuance of a notice issued by the Board dated the 16th of August, 1963. In accordance with that notice the electoral roll was to be prepared so as to include the names of Swetarabar Jains above 21 years of age residing in the State of Bihar and also the names of those Swetambar Jains residing outside the State of Bihar who had donated Rs. 500/- either to the Board or to the Swetambar Jain Religious Trusts, Bihar, during the preceding ten years. It was contended that such a direction in the preparation of the electoral roll was discriminatory, unconstitutional and without jurisdiction. The Bench of this Court held that even the State Government had no power to make a rule that in the electoral roll all residents of Bihar professing Swetambar Jain faith and above 21 years of age would be entitled to be included as electors while on the other hand, only those out of a large body of Swetambar Jain residing outside Bihar would be eligible to be entered as electors who had contributed Rs. 500/- either to the trust or to the Board within the last ten years. Such a rule would have contravened the provisions of the Act and would have been in violation of the fundamental rights guaranteed under Articles. 14 and 26 of the Constitution. The electoral roll was, therefore, prepared on the basis of illegal instructions issued on the 16th of August, 1973 and as such it was void ab initio. That being so, the election of the five members under Clause (c) of Sub-section (2) of Section 8 of the Act was also void ab initio. After the decision of this Court in the aforesaid three writ applications, the State Government appointed one Shri Savailal Keshavlal Shah of Calcutta as the Special Officer of the Board by notification dated the 18th of November, 1968, and the Special Officer assumed office on the 21st of November, 1968.