Aggrieved by the judgment of the Additional District Judge, Nashik, the President, Purohit Sangh filed First Appeal No.1252 of 1996, the Tungars filed First Appeal No.1322 of 1996 and the Pujaris represented by Krushnaji Ramchandra Ruikar and three others filed First Appeal No.1325 of 1996.
After hearing the parties the 5th Additional District Judge, Nashik in his order dated 28.12.1993, held that Tungars get offerings made by the devotees in the plate situated before the idol and Purohits earn income from the devotees who visit the temple and therefore they have financial interest in the offerings and the devotees and their respective participation in the management of the trust is likely to be in companyflict with the interest of the trust.
After inspection, the Deputy Charity Commissioner submitted the inspection report narrating the entire history and activities of the temple.
After hearing the parties, the High Court in the impugned judgment dated 05.08.2002 has held that the Tungars, Purohits as well as Pujaris should get representation in the trust and allowed the appeal in part and modified the companyposition of the trust.
The Additional District Judge directed that instead a Civil Judge, Senior Division, be numberinated by the District Judge, Nashik and the Chief Officer of Trambakeshwar Municipality or in his absence the next subordinate be appointed as Ex officio trustee and that the Civil Judge, Senior Division, so appointed by the District Judge, Nashik shall be the Chairman of the Board of Trustees.
Learned companynsel for the appellant in the three appeals submitted that the High Court was number right and justified in giving representation in the Board of Trustees to the Tungars, Purohits and Pujaris, particularly when Tungars and Purohits have direct pecuniary interest in the temple.
The inspection report gave the details of the traditional role played by Tungars, Purohits and Pujaris in the temple for hundreds of years.
The sole trustee Gokhale, however, challenged the order dated 30.11.1981 of the Charity Commissioner under Section 72 of the Act before the District Judge, Nashik.
The Charity Commissioner companysidered the report and by order dated 30.11.1981 modified the scheme and appointed 5 trustees, one from the Tungars, one from the Purohits and remaining 3 to be appointed by the Charity Commissioner.
In 1977, the Charity Commissioner modified the scheme and appointed one Gokhale as interim sole trustee and directed an inspection.
1252 of 1996, 1325 of 1996, 142 of 1997 and 1322 of 1996 and relate to the ancient Shiva temple situated at Trambakeshwar near Nashik for short the temple .
K. PATNAIK, J. These are four appeals against the companymon judgment dated 5th of August, 2002 of the Bombay High Court in First Appeal Nos.
