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Showing contexts for: working trustee in Saurabh vs The State Of Madhya Pradesh on 12 January, 2022Matching Fragments
"25. Filling of vacancies.- (1) Where a public trust is under the management of a Board of Trustees, the working trustee shall, as soon as a vacancy occurs in the Board, inform the Registrar of such vacancy and the time within and the manner in which he proposes to fill the same.
(2) On receipt of such information the Registrar may, if he considers it necessary, issue any directions to the working trustee regarding the filling of such vacancy not inconsistent with any instrument of trust or the mode of succession specified in the register and the working trustee shall comply with any such direction.
(3) If the working trustee fails to give any such information or to fill the vacancy within the time specified by him or to comply with any direction issued by the Registrar, the Registrar may, by order passed in writing, fill the vacancy and any person having interest in the public trust who may be aggrieved by the order of the Registrar, may apply to the Court for setting aside the order of the Registrar within thirty days from the date of such order."
(c) the direction of the Court is necessary for the administration of the public trust;
he may, after giving the working trustee an opportunity to be heard direct such trustee to apply to Court for directions within the time specified by the Registrar.
(2) If the trustee so directed fails to make an application as required, or if there is no trustee of the public trust or if for any
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WP No.26947/2021"There is no power in the Act under which the Registrar an remove an existing trustee and appoint another by his own order. The only provision in such a matter where the Registrar is not satisfied about the capacity of the working trustee in section 26 of the Act. Under that provision a reference has to be made to the Civil Court and directions of the Civil Court have to be sought for removal of the trustee and for appointment of another trustee. That procedure having not been followed, the order passed by the Registrar is without jurisdiction, and is accordingly quashed. Petition allowed."