श्री गुरु गणेश स्तानकवासी जैन शिक्षण समिति
Shri Guru Ganesh Sthanakwasi Jain Shikshan Samiti
Shri Guru Ganesh Sthanakwasi Jain Shikshan Samiti
Shri Guru Ganesh Sthankwasi Jain Shikshan Samit is Established in the year 1966 under registration no. F238 (Jalna). At the time of registration as per procedure the registering authority i.e. Assistant Charity Commissioner, Jalna has considered points of determination procedure prescribed by the Govt. On Considering replies over the points of determination, the Assistant Charity Commissioner has allotted registration No. F-45(Parbhani) and new No. is F-238(Jalna)The first Change Report of 7 Trustees as under
Santha Establish by Shri. Pukharaj Ghamandiram Runwal ‘& Others 6 Trustee
NAME :- Shri Guru Ganesh Sthanakwasi Jain Smarak Samiti, Partur, Dist. Parbhani
From the provision of clause (8 ) 2 ) Sub Clause of (A ) bye laws of Shri Guru Ganesh Sthankwai Jain Samiti it is clear that the Mahati Sabha elect office bears of executive committee Vishvastha Mandal and other officers bearers of the Thrust.
As per provision of clause 10 (1) of bye laws their will be Trust Mandal of Seven members of Sthnakwasi Jain Community Members for Vishvastha Mandal elected by Mahati Sabha.
As per provision of clause 9 (1) of bye laws Trust their will be the Executive Committee will be of Eleven members elected by Mahati Sabha i.e. General Body Meeting.
As per provision of clause ( 9 ) (7) bye laws of the Trust their will be an executive committee elected after discussion in Mahati Sabha i.e. General Body Meeting for a period of Three Years.
As per provision of clause ( 11) bye laws of the Trust the office bearers of the Trust will be President, Vice-President, Secretary, Joint Secretary, Manager, and Treasurer.
The Registering Authority of the Charitable Trust i.e. Assistant Charity Commissioner consider the points of determination before giving registration of Charitable Trust and it including many points including the point of “succession” of Trustees and their “Election”.
There after the change report submitted time to time of elections i.e.16-03-1977- Inq. No. 168/77, 27-02-1981-Inq. No. 111/81, 30-06-1982 , 29-01-1987- Inq. No. 82/2002, 26-01-1990, 1991, 23-01-93, 20-01-96, 28-01-1998, 12-02-2002- Inq. No. 554/02, 16-08-2005 - Inq. No.817/05New Inq. No. 840/10 , 26-01-2009 – Inq. No. 268/09 , 02-02-2011 - Inq. No. 1091/12 Every three years in Mahati Sabha were reported to Assistant Charity Commissioner, it has granted approval and entry of elected trustees on Trust Mandal is taken on scheduled –I. The last entry is available on scheduled –I of election held in 12-02-2002- Inq. No. 554/02 .
The elected Trustee in 2002 period of three years over in 10-12-2004. So the PTR Secretary call the of General Body Meeting with the consent of President Shri Tarachd Nemichandji Dugar to elect the new 7 Trustee and 11 Karyakarini Members of Trust. The General Body fixed on 10-12-2004. At that time Shri Suwalal challni, Shri Parasmal Chhjed, Shri Babulalji Khivansara, B.Premchd Munot (Jain), Devichand Hiran, Pawanmal Tejmal Shingi submit an Application in District Court for “Injection restraining or preventing the defendants from holding the meeting on 10/12/2004” this affidavit submit in the court on 09-12-2004. After hearing “ IN THE COURT OF MISS SUNITA TIWARI 5TH JT. CIVIL JUDGE (JD) AURANGABAD. ORDER PASSED BY THE MISS. SUNITA TIWARI AS UNDER “THE SAID APPLICTION EXH.5 HEREBY REJECTED WITH COSTS. On dated 09-12-2004. After that the decision of hon’ble District Judge the Meeting of General Body of Samiti held on 10-12-2004 At Samiti office in Guru Ganesh Nagar, Aurangabad.
After that The General Body Meeting (Mahati Sabha) held on 10-12-2004. In General Meeting Subject 1 to 4 are passed unanimously but Subject No. 5. Elect the Trust Mandal, Karyakarini Mandal and other this subject discuss in the Mahati Sabha but the, Devichand Hiran, Pawanlal Singi, Suwalal Challani, Parasmal Chhajecd, Babulal Khivansara, Premchand Munot have disturbance in said meeting because they have not majority so they not contest the said Trust Mandal, Karyakarini Mandal and other mandal election. So the President of Trust Tarachandji Dugar have declare the said Mathi Sabha have stopped.
The elected Trustee in 2002 period of three years over in 10-12-2004 . The Karyakarini Sabha look after the day-to-day affairs of the Trust as per the Constitution till the new trust mandal come. As per the Constitution the Karyakarini has given more power for the run the day-to-day affairs of the Trust as well as to propose the amemendment in the constitution, to prepare of annual Budget, as well as Trust Mandal submit their comment and resolution the Executive Body and hence the Dr. Champalal Desrda is PTR Secretary of Karyakarini Mandal so he look the day-to- day affairs till the next Trust Mandal is come. after discussion in Karyakarini Meeting the New Special General Body Meeting arrange in 16 August 2005. And in this meeting new Trust Mandal and Karyakarini Mandal Elected in said meeting.
After the above elections, succeeding elections of Trust Mandal and Karyakarini Sabha was held on 16 August 2005. The change Report was submitted to assistant Charity Commissioner Jalna is pending so far. In this matter Sou- Moto Inquiry is instituted ( inquiry No. 840/2010 Inq. No. 817/2005). The Inquiries are also conducted and report of inquiries are awaited.
Till the January 2009 the Assistant Charity Commissioner have not decided the or approval of Trust Mandal And Karyakarini Mandal. Submitted in 2005 the Inquiry No. is 817/2005. The elected Trustee in 2005 period of three years over in 25-01-2009. So the New Trust Mandal Election held in 26 January 2009. The election of trust Mandal was held in Mahati Sabha(General Body ) The change report of this election in submitted to Assistant Charity commissioner Jalna for its approval. The change report was challenged by Shri Premchand Munot, Shri Subhash Desarda, Shri Babulalji Khivansara, Shri Parasmal Chajjed. After hearing in court of Hon’ble Bhutke Saheb, Assistant Charity Commissioner, Jalna it was ordered by him after recording finding that there is no provision of election of trustees for Vishatsha Mandal and trustees are permanent. Moreover he has motioned in his order that no term of office of trustees is given in the bye-laws of the trust. On these grounds the change report was rejected. Till 26-01-2009 no dispute about the Trust Mandal Period. In the Year 1966 to 2009 The Trust Mandal Period is Three Years and Trust Mandal Change Report was accepted by Assistant Charity commissioner except 2005 Change Report not Decided till date. In Year of 2005 Two Trust Mandal. One is the Entry in Scheduled-I and Second is Elected in 16- August 2005 Election. After 16-August 2005 the new Trust Mandal and Karyakarini Mandal look the day-to-day affairs of Trust. As per Constitution :-
The Second Change Report i.e. elected in 2009 is rejected by Assistant Charity Commissioner on 10-06-2010. On this order issued by Assistant Charity Commissioner Jalna, the Samiti, filed an appeal against this order before the Joint Charity Commissioner, Aurangabad have finding of no provision of election of trustees for Vishatsha Mandal and trustees are permanent. The Joint Charity Commissioner, Aurangabad had also maintained the order passed by Assistant Charity Commissioner, Jalna. On order of Joint Charity Commissioner, Aurangabad the Trust has made an Regular Civil Application no. RCA 142/2012 before District Court Jalna, the competent higher court. The Hon’ble District Court Jalna, considered the points of determination and stressed on democracy theme being adopted and given his judgment.
“So labored under the impression that the trustees are to be elected and they are not permanent. Considering all these factors, I record by finding that the trustees of the trust are to be elected by General body after every three years and dispose of the application accordingly.” On 21 Sept. 2012 It is really a historic judgment and according to this judgment the Trust Mandal come in existence by election and has three years term. His Honor was also pleased to verify the earlier change reports submitted by Trust as approved time to time by Assistant Charity Commissioner, Jalna.
Mean while, Shri Prashant Desarda has also filed Writ Petition in Hon’ble Bombay High Court, Bench At Aurangabad to grant stay for meeting and resultantly for election. These election were fixed to be held on 2nd February 2011. As per programme of election the last date and time to receive the nomination was fixed for 29th January 2011. The last date for withdrawal was also the same date. After the withdrawal of nomination it was seen that the person nominated for the election are equal to the no. of the seats. As matter of fact there was no voting and the elections held uncontested. The names of elected candidates were to be announced in the meeting of Mahati Sabha (General Body). But in view of the stay order on Writ Petition filed by Shri Prashant Desarda on 1st February 2011 in WP. No. 762/2011 it was said that
“In case election are held the results are not to be declared”. On dated 1 February 2011. In course of time when the District Court Jalna had passed order and court was pleased to consider the appeal and had passed order as mentioned above which placed before the Hon’ble high Court. The Hon’ble high court considered the order passed by District Court Jalna in Regular Civil Application No. 142/2011 and the High Court has passed the order to declare the result which shall subject to out come of Second Appeal filed by respective plaintiff. As such the WP No. 762/2011 is Disposed off. This order was passed by Hon’ble High Court is “keeping all the points involved in the matter open with direction that the result of the election shall be declared an shall be subject to final outcome of Second Appeal No. 656 of 2012”. on Dated 08-10-2012.
The election officer Ad. Palshikar after considering the High Court order has invited candidates on 18th October 2012 to attend the counting. All candidates were present and results was declared in their presence. Accordingly seven candidates are elected as trustees of Trust Mandal and Eleven Candidates as members of the Karyakarini. They were issued with the certificates of their elections by the election officer. The Secretary of the Trust called a meeting of Vishtha Mandal to elect its President and Secretary it was fixed on 19th October 2012 under the President ship of Shriman Gulabchandji Ghisulalji Dafriya. In the meeting of Trust Mandal the name of Shri Omprakashji Ganeshlalji Pokarna was proposed and seconded for President of Trust and the name of Dr. Champlalji Phulchandji Desarda was proposed and seconded as Secretary. Since there was no proposal of other candidates both were declared elected on the respective post by shri Gulabchandji Ghisulalji Dafriya. Major Subhasji Mansuklalji Sancheti was elected as vice president shri Shekharji Champalal Desarda as joint Secretary from vishastha Mandal on Trust. As per agenda the further proceeding of the meeting was handed over to newly elected President and Secretary.
On decision over the each item placed before the Vishastha Mandal they were recorded and the meeting was ended with vote of thanks.
Similarly on the above date the meeting of karyakarni sabha was held under the President ship of Shri Omprakashji Pokarna and it was conducted by Dr. Champlalji Phulchandji Desarda.
In the said meeting Member of Karyakarini sabha elected as under
The other items of agenda which were placed before the vishtha Mandal were also placed before the karyakarini. The karyakarini also confirmed the decision of Vishastha Mandal. The change reports of the elections as given below are to be submitted to Assistant Charity Commissioner, Jalna for approval.
The term of office of the Trust Mandal shall be for the period from 18 October 2012 to 17 October 2015. Trustees on Trust Mandal
The above Trust Mandal change Report submitted before the Assistant Charity Commissioner, Jalna on 27 Nov. 2012 for its approval.
After that Subhash Motilal Desarda submitted Second Appeal before the Hon’ble High Court,Bombay bench at Aurangabad for the stay order passed by the Principal District Judge, Jalna. The no. Second Appeal is SA of 656/2012. The matter pending before the hon’ble highcourt, Aurangabad.
12. After that Shri Parasmal Pukharaj Chhajed submit an Civil Application (CA of 434/2012) for stay the order passed by the Principal District Judge, Jalna. And he also submit Second appeal before the hon’ble High Court. The no is SA 13of 2013. In this Second appeal hon’ble passed by Justice K.K. Tated
4.“ In the meanwhile, execution, operation and implementation of the judgment and order dated 21.09.2012 passed by the Principal District Judge, Jalna, In R.C.A. No. 142/2011 is Stayed. On 04.10.2013
5. Stand over as per CMIS date.
In Second Appeal the Hon’ble high court passed an order as under “ This Court suggested some via-media. Learned counsel for the parties, after obtaining necessary instructions, agree to give a try to the suggestion given by the court. As first step, on next date, the parties will provide the list of members of general –body. Till then there shall be no meetings of general –body. Till then, there shall be no meetings held, day –to-day affairs of the Trust and activities of the Trust, such as Goshala, Homoeopathy College, Samadhi and Dharmashala shall be managed by Shri Dr. Shantilal Motilal Desarda. Till next date, he shall not take policy as well as major financial decisions except payment of salaries to the employees.
The High court given a direction about the election and order passed 27-11-2013 but this order not signed by the Hon’ble high Court because of the opposite side not given the consent of said order.
Stand over to 6 -12-2013. Interim relief to continue till then.
Copyright © 2019 - Shri Guru Ganesh Sthanakwasi Jain Shikshan Samiti. All Rights Reserved.