Judgment AKIL KURESHI, J. All the appeals arise out of a common judgment and order dated 21-1-2010 passed by the learned Single Judge in group of petitions being Special Civil Application No. 9819 of 2009 (reported in 2010 (2) GLR 1399 ) and connected matters. By the said judgment, learned Single Judge partially allowed the petitions. Both the rival groups are aggrieved by part of the judgment which is adverse to them. 2. Brief facts need to be noted at the outset : 2.1. Central issue pertains to constitution of the Managing Committee of one Sri Radharaman Dev Temple Trust ("the trust" for short) which manages and administers the affairs of main temple situated at Junagadh besides other temples whose devotees are members of Swaminarayan sect. 2.2. A scheme for the purpose of administration of the trust ("the said scheme" for short) which is prevailing presently and applicable to the present case was formulated under order dated 15/18-2-1984 passed by learned District Judge, Junagadh. To various provisions of the said scheme we shall advert to at a later stage. 2.3. On 31-5-2009, election for members of the Committee of the trust was held. Result of the election was declared on 1-6-2009. The said scheme envisages elected members of the Committee to be drawn from "Gruhastha" as well as "Tyagi" constituency. Four members belonging to "Gruhastha" and three members belonging to "Tyagi" constituency were elected. It may be noted that though the said scheme envisages four members from "Tyagi" constituency also, for the reasons which we need not go into, fourth seat of "Tyagi" constituency remained vacant. 2.4. In addition to the above elected members of the Committee, as per the said scheme, Acharya on 2-6-2009 nominated one Balvantbhai Jinabhai Dhami as a nominated member of the Committee. 2.5. The said scheme provides for appointment of "Kothari" who wol1ld also be a member of the Committee. The scheme further requires the "Kothari" of the outgoing committee (hereinafter referred to as "outgoing Kothari") to convene the first meeting of the newly elected members of the Committee to elect its President and for other purposes. To convene such a meeting on 6-6-2009, the outgoing Kothari issued an agenda on 3-6-2009. Aggrieved by the same, two elected members of the Committee belonging to "Gruhastha" constituency filed Misc. To convene such a meeting on 6-6-2009, the outgoing Kothari issued an agenda on 3-6-2009. Aggrieved by the same, two elected members of the Committee belonging to "Gruhastha" constituency filed Misc. Civil Application No. 47 of 2009 before the learned Additional District Judge, Junagadh seeking declaration that the outgoing Kothari does not have the right to vote in the first meeting and further that only the elected members can be appointed as office-bearers of the trust. No favourable orders were passed in the said proceedings. First meeting of the new Committee was thus held as scheduled on 6-6-2009. The Committee elected its President, Vice-President and also appointed a "Kothari". Some of the members belonging to "Gruhastha" constituency thereupon approached the Joint Charity Commissioner under Sec. 41A of the Bombay Public Trusts Act ("the Act" for short) by filing Application No. 41/25 of 2009, praying that resolutions passed by the Committee on 6-6-2009 be declared illegal and same be quashed. They also prayed for interim injunction. 2.6. By order dated 7-9-2009 Joint Charity Commissioner, Rajkot allowed the Application No. 41/25 of 2009 partially and quashed all the resolutions passed by the Committee in its first meeting dated 6-6-2009. The outgoing Kothari was directed to call fresh meeting of newly elected members of the Committee. The said decision of the Joint Charity Commissioner was challenged by the rival group before the learned Single Judge in the abovementioned writ petitions. 2.7. To complete the narration of events, it may be noted that in the meantime on 2-7-2009, on behalf of the trust a Change Report No. 40/25 of 2009 was submitted before the Assistant Charity Commissioner, Junagadh which is pending for approval. 2.8. Before the learned Single Judge on behalf of the petitioners it was mainly contended that the Joint Charity Commissioner, Rajkot had no jurisdiction to adjudicate the rival issues under Sec. 41 A of the Act. It was contended that such disputes can be examined only by the Assistant Charity Commissioner under Sec. 22 of the Act, while examining the change report and objections, if any, received opposing such changes. It was contended that in exercise of powers under Sec. 41A of the Act, the Joint Charity Commissioner has no authority to adjudicate on the validity of the election of members of the Committee. It was contended that in exercise of powers under Sec. 41A of the Act, the Joint Charity Commissioner has no authority to adjudicate on the validity of the election of members of the Committee. It was also contended that as per the scheme, the outgoing Kothari had a right to vote in the first meeting including in the election of the President of the Committee. 2.9. Learned Judge decided various issues arising in the petition in the following manner (at page No. 1431 of 2010 (2) GLR 1399 ) : "46. For the foregoing reasons, both the petitions are partly allowed. The impugned order dated 7-9-2009 passed by the Joint Charity Commissioner, Rajkot in Application No. 41/25 of 2009 is modified to the extent herein below : (A) It is held that the outgoing 'Kothari' has the right to preside over, participate and vote in the first meeting of the Committee for election of the President of the Committee. (B) The role of the outgoing 'Kothari' comes to an end soon after the President of the Committee is appointed. (C) It is further held that the outgoing 'Kothari' has no right under the scheme of the trust to preside over or to participate or to vote in the first meeting of the Committee for appointment of the Vice-President of the new Committee and other Agenda/s. (D) It is also held that a person nominated by the 'Acharya' has the right to participate and to cast his vote in the first meeting of the Committee, but he cannot contest the elections for the post of President and/or Vice President of the Committee. (E) The outgoing 'Kothari' (Respondent No. 4 in Spl.C.A. No. 9819 of 2009). will re-convene the meeting of the Committee, within a period of Eight Days from today, as envisaged under the scheme and will abide by the provisions contained in Clause 12(2) of the scheme. (F) Till the meeting, as stated in (C) hereinabove, is convened, the stay granted by this Court, vide order dated 17-9-2009, will remain in operation." 2.10. Both the rival groups are aggrieved by part of the decision of the learned Single Judge insofar as same is adverse to them. They have, therefore, preferred separate Letters Patent Appeals challenging the same judgment but different conclusions of the learned Judge. 3. Both the rival groups are aggrieved by part of the decision of the learned Single Judge insofar as same is adverse to them. They have, therefore, preferred separate Letters Patent Appeals challenging the same judgment but different conclusions of the learned Judge. 3. Before us the main areas of divergence between the rival groups are with respect to the role of the outgoing Kothari in the first meeting of the new Committee, eligibility of the nominated member of the Committee to contest the election for the post of President or Vice-President of the Committee and to vote for such elections, as also the nature of power and jurisdiction exercised by the Joint Charity Commissioner under Sec. 4lA of the Act. 3.1. To put it differently, the group comprising of "Gruhastha" members contend that the outgoing Kothari has no right to vote for elections to different posts of President and Vice-President of the new Committee. They also contend that learned Single Judge erred in holding that member of the Committee nominated by Acharya has a right to vote in the first meeting of the newly constituted Committee. Their stand is that Joint Charity Commissioner in exercise of powers under Sec. 41A of the Act can issue any directions to ensure that such trust is properly administered which includes examination of the validity of the proceedings of any meeting of the trust. 3.2. On the other hand, members belonging to "Tyagi" group contend that the outgoing Kothari has the right to cast his vote in the first meeting of the new Committee including for the election of President and Vice President. Likewise, the nominee of the Acharya also has right to vote in such meeting. They contend that the Joint Charity Commissioner under Sec. 41A of the Act has no power to adjudicate upon various complex issues and examination of such issues can be done only by the Assistant Charity Commissioner while examining the Change Report under Sec. 22 of the Act. 4. Before recording rival submissions in detail and dealing with the same, relevant provisions of the scheme need to be noted : * Clause I The name of this Trust shall be "Shri Radharaman Dev Temple" @ "Shri Swaminarayan Temple", Junagadh. * Clause 2 [The following clause shall come into force in place of present clause No.1]. 4. Before recording rival submissions in detail and dealing with the same, relevant provisions of the scheme need to be noted : * Clause I The name of this Trust shall be "Shri Radharaman Dev Temple" @ "Shri Swaminarayan Temple", Junagadh. * Clause 2 [The following clause shall come into force in place of present clause No.1]. The administration of above temples and their properties shall be looked after by the Committee as per the clauses of this scheme and the said Committee shall be known as "Junagadh Swaminarayan Temple Administrative Committee". * Clause 3 The Committee as stated in Clause-2 above, shall be reconstituted as per Clause 4 below. The above Committee shall comprise of 10 Satsangis. (A) Four "Gruhasthas" and four Tyagis shall be elected. Moreover, one "Gruhastha" shall be appointed by the Acharyashri. Committee of these 9 members will appoint one person belonging to "Tyagi" group as "Kothari" thus forming the member Committee. (B) Four Tyagis as elected above, shall represent the members as per the following details. One Tyagi shall represent Brahmcharis, one Tyagi shall represent Parshads and two Tyagis shall represent Sadhus (saints). * Clause 4 The qualifications and rules of the members of the Committee : (1) Before implementing of this scheme and election of new members, the earlier scheme shall be in force i. e. in between period i.e. Falgun Sud-13 Samvat 2039 i.e. on 27-3-1983 and according to the present scheme the Committee of eight members including Kothari shall remain in force as stop-gap arrangement except the post of Kothari. Upon implementing of new scheme, this mid-term Committee shall have powers to give directions in respect of the post of Kothari. The Committee finds it proper and appropriate, the Committee shall continue the person on the post of Kothari for the period of six months or the Committee shall appoint another person on the post of Kothari within the time of one month after implementation of new scheme. In both the case, the person who is on the post of Kothari shall work for six or five months i.e. for the period of mid-term Committee continues its works. Thus, the person who is working on the post of Kothari shall leave his post as and when the term of the mid-term Committee is dissolved. In both the case, the person who is on the post of Kothari shall work for six or five months i.e. for the period of mid-term Committee continues its works. Thus, the person who is working on the post of Kothari shall leave his post as and when the term of the mid-term Committee is dissolved. (3) The person who holds the office of Kothari if remains continued on the post and as stated above, if any change is made, the person appointed on the said post shall hold the member of the Committee from the date of implementation of the scheme to the period of six months till the election is held. Clause 5 When the newly constituted scheme comes into force, the interim Committee shall complete all the procedure of the election as earlier as possible and shall hold the election at the earliest. Accordingly, the Committee of the elected eight members including one member, who is appointed by the Acharya, and Kothari who is appointed by total nine members, in all, Committee of total ten members shall be constituted and shall remain in force up to Chaitra Sud Punam of Samvat 2045. The procedure of election shall be initiated by the elected Committee well in six months advance. The Committee shall complete the procedure of election in advance and will hold the election on fixed scheduled date. Thereafter, the amended scheme shall come into force and the term of Committee shall be five years. The election shall be held as per Hindu Calendar year i.e. Chaitra Sud Punam. Clause 11 If the post of any member falls vacant in the Committee due to death of any member, due to resignation or the member loses his membership as disqualified, the Committee shall take note of the same during the meeting. Thereafter, the Committee shall skip one meeting, and thereafter, in the second meeting, the Committee shall appoint the member having sufficient qualifications from the persons of concerned area. The member appointed as such, shall remain as member for the remaining term of the Committee. Clause 12 Jurisdiction and powers of the Committee. Clause 12(1) Upon implementation of the amended scheme, the midterm Committee in existence shall convene the first meeting of the Committee within eight days from its existence and shall carry out the following functions compulsorily. The member appointed as such, shall remain as member for the remaining term of the Committee. Clause 12 Jurisdiction and powers of the Committee. Clause 12(1) Upon implementation of the amended scheme, the midterm Committee in existence shall convene the first meeting of the Committee within eight days from its existence and shall carry out the following functions compulsorily. The item-wise agenda is given herewith, and hence, no separate agenda shall be given. Clause 12(1)(1) Out of the elected members alone, one person shall be elected as the President of the Committee. Clause 12(1)(2) As far as the appointment of Vice-Chairman is concerned, the elected members shall elect one member as the Vice Chairman of Committee out of themselves. As stated hereinabove, if the member from "Gruhastha" is elected as the Chairman, the Vice-Chairman shall be appointed from the "Tyagis" and if the member for "Tyagis" is elected as the Chairman, the Vice-Chairman shall be appointed from the "Gruhastha". If the decision in this regard is not able to be taken unanimously, then, the decision shall be majority. But, in these circumstances also, the balance between the "Gruhastha" and "Tyagis" shall be maintained scrupulously. Clause 12(2) The first meeting of the Committee after election shall be convened by the Kothari of the earlier Committee. It is hereby clarified that he shall be duty-bound to convene such first meeting. He shall have powers to do necessary function for the same but except such act, he shall not be entitled to utilize his powers of Kothari. The Chairmanship of the first meeting of newly elected Committee shall be with the Kothari till the Chairman of newly constituted Committee is elected. Clause 21 The Committee shall have all administrative powers of the temple. Clause 22 In order to run the administration of Temple smoothly, the following issues regarding powers of the Committee have been made clear which may not bar the usual provisions of the administration of temple. (1) The appointment of Kothari shall be made in the main shrine i.e. Radharaman Dev Temple at Junagadh. Clause 23 The appointment of Kothari shall be made in the main shrine of Junagadh. The said Kothari shall be 'Chief Kothari' of the Trust-temple and other associate temples under the jurisdiction of main temple at Junagadh. The Kotharis appointed in associated temples shall be known as the Kothari of respective temple only. Clause 23 The appointment of Kothari shall be made in the main shrine of Junagadh. The said Kothari shall be 'Chief Kothari' of the Trust-temple and other associate temples under the jurisdiction of main temple at Junagadh. The Kotharis appointed in associated temples shall be known as the Kothari of respective temple only. Clause 24 The person appointed on the post of Chief Kothari shall be the member of Committee by virtue of post and he shall work as the Secretary of the appointed Committee. He shall also work as the Treasurer of the Trust. As a part of this work, the Chief Kothari shall comply with all the resolutions time to time passed by Committee. If any sub-committee is appointed for any specific work, the Kothari shall also carry out the said work along with the members of sub-conm1ittee. Moreover, day-to-day work and administration of the Trust shall be carried out by the Chief Kothari. Clause 28 The following qualifications shall be required for the appointment to the post of Chief Kothari/Kothari : (1) The persons of 'Sadhu' category of 'Tyagi' group shall be entitled to get the post of Kothari. (5) The term of the post of Kothari shall be 2.5 years from the date of his appointment. The appointment shall be made by the Committee by usual majority. (6) After completion of first term of 2.5 years, the person on the post of Kothari can be continued on the post by the Committee by passing resolution with 2/3rd majority of the members of Committee. The numbers of the members of Committee, including Chief Kothari are 10. The post of Kothari shall not be considered for majority and 2/3rd members of remaining nine members i. e. total 6 members if pass the resolution, then, the person can continue on the post of Kothari for the second term. (8)(A) Chief Kothari or Kothari shall remain present in each meeting without fail. In case of sickness or other unavoidahle circumstances, the Kothari can remain absent with prior permission of the Committee. (B) The Kothari can remain present in the meeting of Committee and he can take part in the discussion and can also vote except the following matters : (1) The decision on the point of appointment, removal or termination or suspension of Kothari from his post. (2) Inquiry against Kothari. (B) The Kothari can remain present in the meeting of Committee and he can take part in the discussion and can also vote except the following matters : (1) The decision on the point of appointment, removal or termination or suspension of Kothari from his post. (2) Inquiry against Kothari. Definitions Clause 44 (2) 'Committee' means the Committee comprising of elected members as per the provisions made under the scheme, members appointed by the Acharyashri and Committee. 5. On the basis of the provisions contained in the said scheme, learned Senior Advocate Shri Vakil vehemently contended that learned Single Judge gravely erred in holding that the outgoing Kothari has a right to vote for election of the President of the newly constituted Committee. He contended that right to vote is a statutory right. Neither in the statute nor under the scheme any such right is vested in the outgoing Kothari. Same cannot be culled out from any implied intention of the scheme. He further contended that the outgoing Kothari had a duty to convene the first meeting of the newly elected Committee and to preside over the same. He, however, had no right to vote. Learned Single Judge erred in holding that such a right to vote impliedly flows from the scheme. 5.1. He further contended that Sec. 41A of the Act gives sufficiently vide powers to the Joint Charity Commissioner to pass any order to ensure that trust is properly administered and income thereof is properly accounted for and applied to the objects and to the purpose of the trust. In support of this contention, he relied on the following decisions : (1) Letters Patent Appeal No.2 of 2004 decided on 12-1-2004 in case of Navsari Taluka Halpati Shikshan Prachar Sangh v. Joint Charity Commissioner. (2) In case of Devkrushnadasji Guru Dharmadasji v. State of Gujarat, reported in 2008 (3) GLR 1981 : 2008 (1) GLH 427 . 5.2. He further contended that the proceedings are wholly illegal and without jurisdiction. Exercise of powers under Sec. 41A of the Act were very much available to the Joint Charity Commissioner and this Court in exercise of discretionary jurisdiction would not interfere with such exercise of powers. He further contended that proceedings of the meeting dated 6-6-2009 were nullity and nullity order can be challenged at any time. In support of these. Exercise of powers under Sec. 41A of the Act were very much available to the Joint Charity Commissioner and this Court in exercise of discretionary jurisdiction would not interfere with such exercise of powers. He further contended that proceedings of the meeting dated 6-6-2009 were nullity and nullity order can be challenged at any time. In support of these. contentions he relied on the following decisions : (1) In case of Kiran Singh v. Chaman Pas wan , reported in AIR 1954 SC 340 (2) In case of Ajudh Raj v. Moti S/o. Mussadi, reported in 1991 (3) SCC 136 . (3) In case of Koli Nagjibhai Vmjan v. State of Gujarat, reported in 1992 (1) GLR 14 . (4) In case of Patel Jividas Trikamdas v. District Collector, Mehsana, reported in 1996 (2) GLR 688 (5) In case of Saburbhai Hemabhai Chauhan v. State of Gujarat, reported in 2000 (1) GLH 580 . In case of State of Orissa v. Brundaban Sharma, reported in 1995 Supp (3) SCC 249. 6. Learned Advocate Shri B. S. Patel while adopting the arguments of Shri Vakil further contended that the member nominated by Acharya had no right to vote at the first meeting. His induction would be complete only upon constitution of the Committee and acceptance of his nomination by the Committee. Only thereafter he could participate in the meetings and that therefore, he had no right to vote at the first meeting. He drew our attention to certain resolutions of the past Committees ratifying the nomination made by the Acharya. 7. On the other hand, on behalf of the rival group comprising of the newly elected members of the Committee belonging to "Tyagi" constituency as well as the outgoing Kothari, Counsel Shri Shelat, Shri Mihir Thakore and Shri Nanavati contended before us that the outgoing Kothari had a right to preside over the first meeting of the new Committee as also to vote for various resolutions. It was further contended that nominated member of the Committee had every right to vote in the first meeting. In this respect, they supported the judgment of the learned Single Judge. They, however, strongly contended that in exercise of powers under Sec. 4lA of the Act, the Joint Charity Commissioner could not have adjudicated upon various highly contested issues since such powers can be exercised only for proper administration of the trust. In this respect, they supported the judgment of the learned Single Judge. They, however, strongly contended that in exercise of powers under Sec. 4lA of the Act, the Joint Charity Commissioner could not have adjudicated upon various highly contested issues since such powers can be exercised only for proper administration of the trust. Such powers are administrative in nature as held by various decisions of this Court and not adjudicatory. They contended that only while accepting the Change Reports, the Assistant Charity Commissioner under Sec. 22 of the Act can adjudicate on rival contentions. 8. To examine the rival contentions, it would be necessary to understand and interprete various provisions made in the scheme. First and foremost hotly contested question pertains to the duty and powers of the outgoing Kothari in the first meeting of the Committee. From various clauses of the scheme noted hereinabove, and in particular Clause 3 thereof, it is clear that the Committee comprises of eight elected members, four "Gruhasthas" and four "Tyagis". In addition to such elected members one member is to be nominated by the Acharya. Such nine members thereafter, have to appoint one person as a Kothari who would also be the member of the Committee. In other words, the Committee comprises in all of ten members, eight elected, one nominated by the Acharya and one Kothari. As per Clause 5 of the scheme, the tenure of the Committee so constituted is for a period of five years. As per sub-clause (5) of Clause 28 of the scheme, first appointment of Kothari is to be made by simple majority of the Committee. His term would be for a period of 21/2 years. As per sub-clause (6) of Clause 28 of the scheme, however, after completion of first term, he can be re-appointed far another term, if 2/3rd of the remaining nine members of the Committee so decide. Clauses 24 and 25 of the scheme provide inter alia for different duties and responsibilities of the Kothari. In brief Kothari has to act as a secretary of the Committee implementing different decisions and carrying out day-to-day functioning. It is his duty to ensure that accounts are properly maintained. Sub-clause (8A) of Clause 28 of the scheme, requires the Kothari to remain present at every meeting of the Committee. In brief Kothari has to act as a secretary of the Committee implementing different decisions and carrying out day-to-day functioning. It is his duty to ensure that accounts are properly maintained. Sub-clause (8A) of Clause 28 of the scheme, requires the Kothari to remain present at every meeting of the Committee. Sub-clause (8B) of Clause 28 gives right to Kothari to participate in the meetings as well as to vote except when the agenda pertains to appointment, removal or suspension of a principal Kothari or any other Kothari or pertains to any inquiry against a Kothari. Clause 12(1) of the scheme castes a duty on the Kothari to convene the first meeting of the newly elected Committee within eight days of its election and to issue an agenda for such purpose. Clause 12(1)(1) provides that the Committee shall elect its President from out of the newly elected members. Clause 12(1)(2) similarly provides for election of a Vice-President from out of the elected members of the Committee subject to a rider that if the President belongs to "Gruhastha" constituency, Vice-President shall be a Tyagi and vice-versa. Clause 12(1)(3) provides for appointment of any person as "Kothari" who is eligible as per the scheme and is a "Tyagi". Clause 12(2) of the scheme specifically provides that first meeting of the newly constituted Committee shall be called by the outgoing Kothari. For this purpose, he will be authorized to undertake necessary steps, however, other than that he shall not exercise any other powers or exercise his powers as Kothari in any manner. He shall preside over the first meeting and continue to do so till the election of President of the newly elected Committee. 9. From the combined reading of the above provisions it becomes clear hat once the election is held for the constitution of the new Committee, he task of outgoing Kothari is to convene the first meeting 61' such a committee. At that stage, such members would be including elected members, as also a member nominated by the Acharya. The outgoing Kothari would preside over the first meeting till the stage the President of the committee is elected. In terms of Clause 12(2), he has no further power or authority. It is abundantly clear in the said clause that it would be the duty of the outgoing Kothari to call the first meeting. The outgoing Kothari would preside over the first meeting till the stage the President of the committee is elected. In terms of Clause 12(2), he has no further power or authority. It is abundantly clear in the said clause that it would be the duty of the outgoing Kothari to call the first meeting. To do so, he will undertake all necessary steps. He shall, however, not exercise any other powers during such a meeting nor any of the powers of a Kothari. To our mind, this Clause is absolutely clear and permits no ambiguity. In no uncertain terms, the scheme envisages the task of the outgoing Kothari being limited to convening the first meeting of the newly constituted Committee and to preside over such a Committee till the President is elected. His right is, however, limited to conducting of such meeting. He is divested of any power to participate in the said meeting or to vote for any of the resolutions. 10. Reliance placed by learned Counsel Shri Shelat and others to Clause 28(8B) of the scheme is misplaced. Same is a general clause empowering the Kothari to effectively participate in all meetings as also to vote for various resolutions. This general power is, however, curtailed by specific provisions made in Clause 12(2) of the scheme pertaining to role of the Kothari in the first meeting of the new Committee. 11. This clear position emerging from various provisions in the scheme is also manifestly apparent when we read the scheme as a whole. Intention of the framer of the scheme could never have been that the outgoing Kothari would be voting in a decision as important as election of President of the Committee of which he is not a part. We may recall that the Committee would comprise of eight elected and one nominated member, who in turn would appoint a Kothari. A Kothari for the Committee would, therefore, be appointed by the Committee itself. It cannot be envisaged that an outgoing Committee would make provisions for appointment of a Kothari who would be Kothari for the new Committee. We have also noticed that term of Committee is for five years. A Kothari for the Committee would, therefore, be appointed by the Committee itself. It cannot be envisaged that an outgoing Committee would make provisions for appointment of a Kothari who would be Kothari for the new Committee. We have also noticed that term of Committee is for five years. A Kothari appointed by such a Committee would only hold the post for 21/2 years at a time, after which either a new Kothari can be appointed for another term of 21/2 years or same person can be maximum once more re-appointed for another of 21/2 years, if 2/3rd of the members of the Committee so decide. Thus, the whole purpose appears to be that the Committee would appoint its own Kothari, who would as already noticed, as per Clauses 24 and 25 of the scheme perform mainly secretarial duties of carrying out different resolutions of the Committee and also maintain accounts and other registers of the trust. 12. It was, however, contended that the term of Kothari being for a period of 21/2 years, same would not be co-terminus with the term of the Committee and in a given cases it may happen that Kothari may continue well beyond the term of the Committee and continue to discharge his function till the new Kothari is appointed by the new Committee. It was, therefore, contended that Kothari of an outgoing Committee would have all the powers even during the term of the new Committee till such Committee appoints a new Kothari. We, however, beg to disagree. The entire intention of the scheme appears to be that the Committee once formed by elected members and nomination of one member by Acharya, such members would thereafter, appoint a qualified "Tyagi" as a "Kothari" who would also be then one of the members of the Committee. The intention, therefore, is that such elected and nominated members of the Committee would appoint their own "Kothari". It cannot be envisaged that an outgoing Committee would appoint a Kothari for the newly formed Committee of elected and nominated members. We may notice that as per Clause 11 of the scheme if on account of death or resignation or disqualification of a member of the Committee, any seat falls vacant, the Committee shall appoint a qualified member from the same constituency to occupy the seat for the remainder of the period of outgoing member. We may notice that as per Clause 11 of the scheme if on account of death or resignation or disqualification of a member of the Committee, any seat falls vacant, the Committee shall appoint a qualified member from the same constituency to occupy the seat for the remainder of the period of outgoing member. A Kothari is also the member of the Committee. In case of the post of Kothari being vacant mid-term on account of death, resignation or such other similar reason, appointment of a new Kothari in his place would, therefore, be for the remainder of the term of the outgoing Kothari. Such an interpretation would be in consonance with our opinion that the scheme does not envisage that the Committee can make appointment of Kothari for another Committee. Clause 24 specifically provides that a Kothari once appointed shall assume his charge as Secretary of the Committee. Thus, the scheme envisages a "Kothari" of "the Committee". The scheme does not envisage a Kothari without a Committee. Clause 4 of the Scheme which is a transitory provision also provides that a Kothari of the interim Committee shall cease to hold his office the moment the term of the interim Committee terminates. 13. It is not in dispute that the President is elected by the members of the Committee. An outgoing Kothari would not be a member of the new Committee. Additionally, by framing specific provision in Clause 12(2) in the scheme, his powers in the first meeting of the new Committee are severely restricted. He is not to exercise any powers other than to preside over the meeting that too till the President is elected and cannot exercise any of the powers as a Kothari. We fail to see how the scheme '~impliedly" permits the outgoing Kothari to vote for the election of the President of the new Committee. 14. Upshot of the above discussion is that by virtue of various provisions in the scheme and in particular Clause 12(2) thereof, intention of the framer of the scheme is clear and unambiguous namely that outgoing Kothari though has to convene the first meeting of the newly elected Committee and also to preside over such a meeting till the President is elected, he has no right to vote at such a meeting or to exercise any power as Kothari. Learned Single Judge, therefore, committed an error in holding otherwise. 15. Learned Single Judge, therefore, committed an error in holding otherwise. 15. With respect to the role of the member nominated by the Acharya, question is possible of a summary conclusion. The scheme clearly provides that the members of the Committee shall elect a President from out of the elected members. Likewise, the Vice-President shall also be elected. Only requirement being that Vice-President shall belong to a group to which the President does not belong. There is nothing in the scheme to limit the powers of nominated member to vote at such a meeting including for the purpose of election of President and Vice-President. There is nothing in the scheme to suggest that the nomination of a member by the Acharya would be effective only after the first meeting. His nomination is effective the moment Acharya makes such a nomination. Nowhere under the scheme such nomination to be effective requires acceptance or ratification by the elected members of the Committee. If it was so done in the past as suggested by Mr. B. S. Patel, the same was wholly redundant. If interpretation of Mr. B. S. Patel is accepted, Clause 12(1)(1) which provides that out of the elected members alone, one person will be elected as a President will be rendered otiose. Clauses 1 and 2, however, make it abundantly clear that President and Vice President must be from elected members. Member of the Committee nominated by the Acharya, therefore, cannot contest the election for the posts of President and Vice-President. In this respect, we fully agree with the conclusions of the learned Single Judge. 16. Regarding the question of nature of powers exercised by the Joint Charity Commissioner, the issue is not free from doubt. Prima facie, it may appear that Sec: 41 A of the Act empowers the Joint Charity Commissioner to ensure that the trust is properly administered and to pass necessary orders for the said purpose. Adjudication of various disputes between the parties, particularly, election disputes may be outside the purview of such powers. Such a view is supported by the decision of this Court in case of Syedna Mohamed Burhanuddin the 52nd Dai-ul-Multaq and Head of the Dawoodi Bohra Community v. Charity Commissioner. Adjudication of various disputes between the parties, particularly, election disputes may be outside the purview of such powers. Such a view is supported by the decision of this Court in case of Syedna Mohamed Burhanuddin the 52nd Dai-ul-Multaq and Head of the Dawoodi Bohra Community v. Charity Commissioner. Gujarat State, Ahmedabad, reported in 1992 (1) GLH 331 and decision in case of Navsari Taluka Halpati Shikshan Prachar Sangh v. Joint Charity Commissioner, in Letters Patent Appeal No. 2 of 2004 decided on 12-1-2004. On the other hand, Sec. 22 of the Act pertains to the changes that may occur in any of the entries recorded in the register kept under Sec. 17 of the Act. Detailed procedure is prescribed for recording such changes if found valid. Particularly, under sub-sec. (2) of Sec. 22, the Deputy or Assistant Charity Commissioner may hold an inquiry for the purpose of verifying the correctness of the entries in the Register kept under Sec. 17 or ascertain whether any change has occurred in any of the particulars recorded in the register. Another line of judgments, however, such as in case of Devkrushnadasji Guru Dharmadasji (supra), suggests wider interpretation of the nature of powers of the Charity Commissioner under Sec. 41A of the Act. 17. We, however, do not propose to conclude this question in the present proceedings. For the purpose of present group of appeals, we are prepared to accept the contention of Shri Shelat and other supporting Advocates that only under Sec. 22 of the Act, Assistant Charity Commissioner can examine the legality of the election of various office-bearers and not the Joint Charity Commissioner under Sec. 41A of the Act. We would, therefore, proceed on the basis that appropriately such question ought to have been examined by the Assistant Charity Commissioner while deciding the question of accepting or rejecting the Change Reports. In the present case, however, both sides have made detailed submissions with respect to validity of various resolutions adopted in meeting dated 6-6-2009. Counsel have referred to the scheme in detail and advanced their respective interpretations. This was also done before the learned Single Judge who after examining the scheme at length, rendered his decision. Before us, the said conclusions are assailed by both the sides to the extent the same are adverse to them. Counsel have referred to the scheme in detail and advanced their respective interpretations. This was also done before the learned Single Judge who after examining the scheme at length, rendered his decision. Before us, the said conclusions are assailed by both the sides to the extent the same are adverse to them. We have examined the legality and validity of such resolutions bearing in mind various provisions of the scheme. We have come to definite conclusions. It would, therefore, be wholly futile now to place entire proceedings before the Assistant Charity Commissioner who would in any case be confined to the conclusions rendered by us. In view of our conclusions in the judgment, it would be wholly inequitable and futile to place the matter now before the Assistant Charity Conm1issioner and to direct him to conclude the issue in a particular manner. For such a futile exercise, it would be inequitable to exercise discretionary powers. 18. In the result, conclusions of the learned Single Judge are modified in the following manner : (A) Though, the outgoing Kothari has right to preside over the first meeting of the new Committee till the President is elected, he has no right to vote for the election of the President or Vice-President of the Committee or for any other agenda whatsoever. (B) Person nominated by Acharya as member of the Committee though has a right to participate in the first meeting and also to cast his vote in the elections to the post of President and Vice-President and for other agendas of the meeting, he has no right to contest the election for the post of President and Vice-President. (C) The outgoing Kothari will reconvene the meeting of the Committee within a period of eight days from the date of receipt of a copy of the order as envisaged under the scheme as interpreted hereinabove. (D) Till such a meeting as directed above is convened, the position prevailing as on today shall continue. 19. With above modifications all Letters Patent Appeals stand disposed of. Writ orders stand modified accordingly. Civil Application also stands disposed of accordingly. (SBS) Orders accordingly.