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40 From paragraphs Nos.3 to 12, this is what is stated :-

"3. I say and submit that the administration of the Public Trust of Shree Sai Baba Sansthan registered under the Bombay Public Trust Act, 1950, under the name"Shree Shirdi Sansthan of Shree Sai Baba" at Shirdi, District Ahmednagar popularly known as Shree Shirdi Sai Baba Sansthan, Trust at Shirdi is vested in the board of management under the Scheme framed by the City Civil Court, Bombay, in Charity Suit No. 3457/1960 vide order dated 18/10/1982, confirmed by the High Court of Judicature of Bombay in First Appeal No. 320/1983 decided on 23/07/1984.

11. I say and submit that, bare perusal of the Shree Saibaba Sansthan Trust (Shirdi) Act, 2004 and Shree Saibaba Sansthan Trust (Shirdi) (Appointment of Members of Management Committee and Forms of Declarations) Rules, 2013, envisage the complete procedure for appointment of members, qualifications and disqualification etc.. The appointments of the members of the Shree Saibaba Sansthan Management Committee constituted under notification dated 28.07.2016 are strictly made as per the provisions of section 5 of the Act as well as Shree Sai Baba Sansthan Trust (Shirdi) (Appointment of Members of the Management Committee and Forms of Declaration) Rules, 2013. Hence the allegations of the petitioners that the appointments of J.V.Salunke,P.S. PIL.102.2016.Judgment.doc members are contrary to the provisions of the Act and rule is baseless.

108 Even if we reject the above objection of the petitioners' counsel, it does not mean that the court is prevented or precluded from considering the submissions of the petitioners on the legality and validity of the Government Resolution dated 28 th J.V.Salunke,P.S. PIL.102.2016.Judgment.doc July, 2016. The assumption of office by the Committee of Management constituted by this Government Resolution does not mean that it enjoys complete immunity from challenge to its constitution. In other words, the constitution of the Committee can be challenged if it is contrary to law and the powers of judicial review, vesting in this court, can be invoked by parties like the petitioners despite the committee assuming office. That challenge will have to be independently considered and dehors the overruling of the above objection of the petitioners' counsel. 109 The Shree Saibaba Sansthan Trust (Shirdi) Act, 2004 is enacted by the State legislature to re-constitute a public trust of Shree Shirdi Sai Baba Sansthan registered under the Bombay Public Trusts Act, 1950 under the name "Shirdi Sansthan of Shri. Sai Baba" at Shirdi, District Ahmednagar, and to provide for better management, administration, governance and control of the Trust to enable it to undertake wider welfare activities for the public. In the preamble itself, the law says that the Trust has large properties and is very popular and is highly revered and has very large number of devotees all over India. Therefore, the Government of Maharashtra considered it expedient that the development and management of this important and popular Trust should not be hampered or in any way suffered by avoidable J.V.Salunke,P.S. PIL.102.2016.Judgment.doc litigation and that there should be a separate law to re-constitute the said Trust and to provide for the efficient management of the same by a Committee directly under the supervision and control of the State Government to enable the Trust to carry out its charitable activities more effectively and efficiently and to be able to give more facilities for its devotees and to undertake wider welfare activities from its surplus funds for the general public. 110 The law is not divided into Chapters, but has 35 sections. Section 2 contains definitions and for better understanding of the terms employed and used in the Act, we reproduce certain definitions as under:-

(h) "prescribed" means prescribed by rules made by the State Government under this Act;
(i) "regulations" means regulations made by the committee under this Act;
(j) "Sansthan" means Shree Shirdi Sai Baba Sansthan belonging to the Shirdi Sai Baba Temple Trust and J.V.Salunke,P.S. PIL.102.2016.Judgment.doc popularly known as the Shree Shirdi Sai Baba Sansthan Trust of Shirdi;