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As against the aforesaid contentions of Shri Chagla, Shri Aney defended the impugned Order of the Trial Court and submitted that this Court should not interfere with the well reasoned Order passed by the Trial Court at the interim stage. He gave great emphasis on Article 25 of the Constitution of India and also questioned the legality and validity of the resolutions passed by the Trust which according to Shri Aney are not only ultra vires the Constitution of India but also ultra vires the scheme governing the Trust. According to him, the impugned resolutions should be declared null and void ab initio as the Trust could not travel beyond the Article 25 of the Constitution of India and also the Scheme. In the background of the aforesaid salient features of the case and vehement submissions of both the learned Counsel on behalf their respective parties. I have to decide the present Appeal involving a sensitive though of course not explosive issue touching the religious practices of the Jain members of the Trust. I do not wish to enlarge the scope of the present dispute touching the sentiments of the Jain community, as such I have confined myself to the issue of virus of the impugned resolutions in the four corners of the scheme governing the Trust.

10. There are ways and ways of worshiping the Gods and Gurus or Sadhus. Ordinarily the Jains who do not perform either Navangi or Ekangi Guru Pooja they show their respect and reverence to the Guru by folding their two hands and bowing their head before the Guru and also by touching the earth near the feet of the Guru three times. Some devotees actually prostrate in front of the Guru and pray for blessings. This is known amongst the Jains as "Khamasana", three times reciting religious sutra appropriate for the occasion. Out of their devotion to the Guru they do what is called Dnyanpooja and put on the holy scriptures kept near the Guru what is called as Vaskshep and also put some money as donation. In response to this the Guru recites what is known as Mangalik and also gives blessings by way of putting Sandal Wood Powder (Vaskshep) on the head of the devotee. The male Gurus give Darshan and blessings to female devotees from a distance and similarly the female Sadhvis give Darshan and blessings to male devotees from a distance. This is the universally accepted practice of Gurupuja by the Jains. We cannot draw any such line amongst the Jains dividing them between two groups of those who follow Navangi Guru Poojan and those who observe Ekangi Guru Poojan and those who observe Be Tithi calendar and those who follow Ek Tithi calender. Not only the Jains cannot be divided on the basis of the practices and manners of following their religion the Trust also cannot divide its members on the basis of the aforesaid practice or manner followed by them. According to me, therefore the impugned resolutions are ultra vires the scheme governing the Trust. The said resolutions, are totally contrary to the Article 25 of the Constitution of India. The Trust has absolutely no right and power to restrict, curb and curtail manner and practice followed by the members within the four corners of the Jain religion. According to me, the impugned resolutions are also ultra vires the aforesaid two Articles of the Constitution of India. In view of the discussion above I hold and declare that the impugned Resolutions are not only illegal but are null and void and are ultra vires the scheme governing the Trust and being in contravention of the Article 25 of the Constitution of India. I also clarify that this is not a prima facie view of mine but is based on my considered opinion judicially arrived on the basis of the material on record and the Jain scriptures and Jain philosophy. Nothing more was necessary for me to come to the conclusion.