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This revision petition is directed against the order passed on IA No.11 in Misc.P.No.169/2009 pending on the file of V Addl. District and Sessions Judge, Belgaum, dated 25.08.2015.

2. Marshalling of the facts is necessary to appreciate the case on hand in view of multiple rounds of litigation.

3. Briefly stated the facts are, a Public Charitable Trust by name Sri 108 Acharya Ratna Deshabhushanmuni Digambar Jain Ashram Trust in Chikodi Taluk, (the 'Trust' for short) was registered under the Bombay Public Trust Act, 1950, as on 31.05.1968. The General Body of the Trust consisted of 3 categories of members, namely, grand patrons, patrons and ordinary members. There was a Management Committee consisting of 9 members of whom five were chosen from amongst the grand patrons, three from the patrons and one from the ordinary members. The general body was required to elect the Managing Committee for a term of three years at a time. As per the report filed with the Assistant Charity Commissioner there were 22 members and 9 elected Trustees. The said report was approved in Enquiry No.19/68 as on 11.07.1968. A change report was filed by Sri Malagouda Jinagouda Patil on 23.12.1988 which was numbered as Inquiry No.877/1988 which was accepted as on 23.12.1988. It was indicated in the said change report that after the death of the Secretary Sri N.T.Mukare, a General Body Meeting was held on 5.4.1977, Sri N.B.Pinake, was elected as Secretary and Sri Shantappa Yeshavant Mirji was elected as Chairman. This change report was alleged to be not genuine, the same was challenged by one Sri Malagouda Jinagouda Patil and three others before the Charity Commissioner, Belgaum in appeal 5/1989. The said appeal was allowed and the change report was set-aside by an order dated 27.02.1989 and it was directed that Sri Malagouda Jinagouda Patil along with 4 others who claimed to be the surviving Trustees to meet and co-opt a Secretary, who shall then convene a General Body in the month of April 1989, shall elect a Managing Committee under the supervision of an Inspector to be deputed from the Office of the Assistant Charity Commissioner. In the said order, it was observed that no election of the Managing Committee or Secretary in the year 1977 was held and a change report filed by Sri Shantappa Yeshavant Mirji was false. Sri Shantappa Yeshavant Mirji supported by his group had again filed a change report on 4.5.1989 claiming that a General Body Meeting was held on 30.4.1989 and that 9 trustees have been elected to the Managing Committee as well as the Chairman, Secretary and the Treasurer. This change report was numbered as Inquiry No.316/1989. Another group led by Sri.B.A.Patil, filed another change report on 19.04.1989 claiming that a General Body Meeting was held on 16.04.1989 and that he and eight others were elected as Trustees and he was elected as Secretary and others as other office bearers. This report was numbered as Inq.No.270/1989. These two reports were clubbed and common evidence was recorded. The Assistant Charity Commissioner rejected both the change reports after hearing the parties as on 12.06.1990.

"15. However, in the fitness of things, it would now be necessary to issue appropriate directions to the Charity Commissioner, Belgaum, as regards the administration of the affairs of the Trust.

16. The Charity Commissioner, Belgaum, is directed to issue public notice of his intention to appoint Trustees, in the absence of adequate membership in the Trust, to initiate the process of a democratic election. He shall invite and consider representations from all quarters in considering the appointment of Trustees in addition to those surviving trustees, as on date."