JUDGMENT : Bhargav D. Karia, J. 1. Rule. Learned advocate Mr. Vishal Patel waives service of notice of rule on behalf of respondent nos. 1 and 2. Learned Assistant Government Pleader Mr. Dhawan Jayswal waives service of rule on behalf of respondent no. 6. Respondents no. 3 and 5 have already expired during the pendency of the proceedings before the Charity Commissioner. Respondent No. 4 is similarly situated as petitioners herein. 2. As the controversy is in narrow compass, with consent of learned advocate for the respective parties, the matter is taken up for final hearing today. 3. The petitioner has challenged the order dated 29.05.2019 passed by the Charity Commissioner in Misc. Application No. 20 of 2019, wherein direction was given with regard to preparation of electoral roll by 30.06.2019 and to publish the same by 06.07.2019 of the members of the Chhipa Jamat and other direction with regard to call for general meeting of the members of the Jamat latest by 31.07.2019 and to appoint administrative/Managing Committee. This Court (Coram: Hon'ble Mr. Justice A.Y. Kogje) by order dated 01.07.2019, has passed the following order: "Issue NOTICE returnable 29th JULY 2019. Learned advocate for the petitioner submits that the Constitution of the Trust does not provide for election as a trustee of the trust still as a purses was passed by the advocates of the trust referring to a preparing of the voters list for election of trustees. The Joint Charity Commissioner has misdirected himself in concluding that the trustees must necessarily be elected from members whose voters list is to be prepared. Learned advocate draws attention of this Court to clause 4 of the Trust documents and indicates that the Constitution does not provide for any election. In view of the aforesaid, by way of interim relief, directions contained in operative order paragraph nos. 1 and 2 of order dated 29.05.2019 is stayed. Direct service is permitted." 4. The respondent no. 1 therefore, preferred civil application for vacating interim relief granted by this Court vide order dated 01.07.2019. 5. The brief facts of the present case are that the petitioners are trustees of the Chhipa Jamat Charitable Trust. The petitioner no. 1 is the president of the petitioner no. 4-trust. The respondents nos. 1 and 2 filed Misc. The respondent no. 1 therefore, preferred civil application for vacating interim relief granted by this Court vide order dated 01.07.2019. 5. The brief facts of the present case are that the petitioners are trustees of the Chhipa Jamat Charitable Trust. The petitioner no. 1 is the president of the petitioner no. 4-trust. The respondents nos. 1 and 2 filed Misc. Application No. 20 of 2019 before the Charity Commissioner, Ahmedabad under Section 41A of the Bombay Public Trust Act, 1950 (for short 'the Act') with a prayer to appoint the trustees of the petitioner no. 4-trust on the ground that the trustees of the petitioner no. 4-trust are not changed/appointed since last many years and therefore, trustees are required to be appointed as per the scheme of the trust. It was further prayed in the said application that till the disposal of the application, trustees of the petitioner no. 4-trust be restrained from taking any policy decision and to maintain accounts with regard to donation collected and submitted. 6. It is the case of the petitioner that the Charity Commissioner by order dated 25.09.2019 after giving opportunity of hearing to the petitioners and after considering the documents produced on record by both the sides, passed the order whereby directions were given to the petitioners nos. 1 to 3, who were parties in the aforesaid proceedings under Section 41A of the Act along with other persons, to prepare electoral roll of the members of the Chhipa Smast Jamat Committee, Ahmedabad (for short "Jamat") by 30.06.2019 and to declare such electoral roll by 06.07.2019 and further to call General Meeting of the members of the Jamat by 31.07.2019 to appoint member of administrative/managing Committee of the Jamat. It was further directed that out of the aforesaid committee, appointment of the trustees and other officers were to be made and report to be filed before the competent authority under the Act within prescribed time. It was further directed that till appointment of new trustee for administration of the trust, petitioners were permitted to do day to day administration of the trust. It was also directed to the petitioner to file change report with immovable property purchased by the trustee before the Office of the Collector. 7. The petitioners are mainly aggrieved by the directions nos. 1 and 2 with regard to publishing of electoral roll and holding general meeting of the Jamat. It was also directed to the petitioner to file change report with immovable property purchased by the trustee before the Office of the Collector. 7. The petitioners are mainly aggrieved by the directions nos. 1 and 2 with regard to publishing of electoral roll and holding general meeting of the Jamat. In order to find out whether such directions can be issued by the Charity Commissioner under Section 41A of the Act or not, it is necessary to refer to the relevant provisions of the trust deed of petitioner no. 4-trust as well as of the Constitution of Jamat which are produced by the petitioners on record. 8. As per the trust deed of the petitioner no. 4-trust, it is stipulated in clause-4 that there shall be maximum 7 and minimum three trustees out of which, one would be the president of the trust. As per clause-10 for administration/managing committee of the trust, trustees would be appointed from the elected members of Jamat and they would also be part of the administration/managing committee of the trust to administer activities of the petitioner no. 4-trust. Clause-12 of the trust deed provides that President, Vice President, General Secretary, three Joint Secretary and Treasury would be appointed out of the elected members of the Jamat and the same members would be considered as trustees of the trust. In view of the aforesaid provision, Clause-4 provides for appointment of trustees out of administration/managing committee of the trust and such trustees would continue for a period of three years from the date of appointment. 9. With regard to the election of the members of the Jamat, the Constitution of the said Jamat which is produced at page 86 onwards along with the petition provides in Clause-8 that there would be eight constituencies of the Jamat and out of said eight constituencies as per the resolution passed by the Jamat, members would be elected, which would be approved in the general meeting of the Jamat and thereby, administrative committee of the Jamat would come in to existence. Clause-8(3) provides for allocation of seats to each constituency so as to have minimum 32 elected members, to be elected by each constituency, to be part of Jamat committee. The maximum seats prescribed is 42. Clause-11 provides that tenure of such elected committee of Jamat would be of three years. 10. Clause-8(3) provides for allocation of seats to each constituency so as to have minimum 32 elected members, to be elected by each constituency, to be part of Jamat committee. The maximum seats prescribed is 42. Clause-11 provides that tenure of such elected committee of Jamat would be of three years. 10. It also emerges from the documents produced on record that after 2001, there was no election of the Jamat committee, and therefore, the trustees of the petitioner no. 4-trust though their tenure of three years was over, continued as trustees. 11. It appears that the Charity Commissioner has issued impugned directions on the basis of one pursis given on behalf of the petitioners that the preparation of the electoral roll of the Jamat is under process, and accordingly, decision would be taken in the committee of Jamat to hold election. 12. However, in view of the provisions of the Constitution of the Jamat as well as trust deed of the petitioner no. 4-trust, Jamat is not required to hold any election, but eight constituencies of Jamat is required to elect members from respective constituency as per allotted seats so as to form administrative committee of Jamat after approval in General Meeting, as per Clause-8(2) of the Constitution of Jamat. 13. Therefore, the Jamat is not required to hold any election for constitution of administrative committee of the Jamat. Moreover, it is pertinent to note that in the Constitution of Jamat, there is no procedure prescribed for holding of the election. 14. Learned advocate for the respondent no. 1 however, submitted that as per the minutes of the meeting of the Jamat held on 02.07.2001, prior to year 2001, election was being held, however, in the said meeting various members raised objections with regard to holding of election and accordingly, issue of election thereafter was never decided. It was submitted that respondents have approached Charity Commissioner for appropriate direction so as to see that the trust is properly functioning as per the provision trust deed by appointment of trustees as prescribed in clause-4 of the trust deed and for that purpose administrative committee of the Jamat as per its Constitution is required to be formed. 15. Learned advocate Mr. Devang Vyas with Mr. 15. Learned advocate Mr. Devang Vyas with Mr. Chirayu Metha for the petitioner submitted that the petitioners are also members of the administrative committee of the Jamat and they are ready and willing to undertake to follow the procedure prescribed in the Constitution of Jamat for holding election by eight constituencies for formation of the administrative committee of the Jamat as prescribed in clause-8 of the constitution of Jamat within a period of twelve months so as to see that that members elected by each constituency of the Jamat, would be members of the administrative committee as well as trustees of the petitioner no. 4-trust. 16. In view of the aforesaid facts emerging from the record as well as the statement made on behalf of the petitioners, the directions no. 1 and 2 issued by respondent no. 6 in the impugned order dated 29th May, 2019 for preparation of electoral roll and to publish the same and to hold the general meeting, are hereby quashed and set aside. Rest of the directions contained in the impugned order which are consequential to directions no. 1 and 2, would not survive. 17. The petitioners no. 1 to 3 along with other trustees of petitioner no. 4-trust and members of the Administrative committee of the Jamat shall file an undertaking before this Court stating that the procedure prescribed in clause-8 of Constitution of Jamat for holding election by eight constituencies for formation of Administrative Committee of the Jamat would be followed within a period of 12 months from today so as to see that members elected by each constituency of Jamat would be members Administrative committee of Jamat as well as the trustees of the petitioner no. 4-trust. 18. The petition is accordingly disposed of. Rule is made absolute to aforesaid extent. No order as to costs.