Satsang News
Indian Express News, May 16, 2005
" The order also asked HC and trial
court to decide the matter by November 2005"
Conduct Vadtal case afresh: Supreme Court to High Court
The order also asked HC and trial court to decide the matter
by November 2005.
Vadodara, May 16: SETTING aside a Gujarat High Court order to remove
Acharya Ajendraprasad Pandey from Swaminarayan sect’s Vadtal seat,
the Supreme Court in a recent order asked the High Court to conduct
the case afresh stating that the “impugned order of the High Court
has been passed without taking note of the relevant aspects”.
The order also asked the High Court and the trial court to decide the
matter by November 2005.
In what amounts to a severe indictment of the High Court’s order,
the apex court, on a Special Leave Petition by Ajendraprasad, remarked
that “the impugned judgment lacked clarity, analysis and precision.
The basic issues have not been addressed. On this score alone, we think
it appropriate to direct the High Court to hear the matter afresh”.
The SLP had sought vacation of an injuction order that had been given
by a Nadiad court and upheld by the High Court, restraining Ajendraprasad
from carrying out his duties as acharya following his removal from the
post by a Satsang Mahasabha on May 11, 2002.
And in January 2003, Rakeshprasad Maharaj was made the acharya by the
mahasabha.
The three-judge bench comprising justices Arijit Pasayat, Ruma Pal and
C K Thakkar further remarked that “hile deciding the issue of
injunction, the courts have to consider the cumulative factors like
prima facie case, balance of convenience and irreparable loss but the
impugned judgment does not meet these requirements.”
The Supreme Court order pointed out that the question revolved round
two things: the question of legality of the decision taken to remove
Ajendraparasad and the legality of the appointment of Rakeshprasad in
his place.
Observing that it was not established if the Satsangh Mahasabha had
any authority to remove Ajendraprasad and appoint Rakeshprasad, the
order said that even if the mahasabha adopted a resolution to remove
the acharya, the modalities and the nature of exercise of the power
had to be proved by evidence. “The High Court did not express
any view in these aspects and held that it was not the proper stage
to decide the issue,” remarked the bench.
Going further, the order noted that “High Court order suffers
from various infirmities as the earlier direction given to take up all
the connected matters together was not kept in view while disposing
of the matter.”
“We find that lot of confusion has been created and the requisite
care has not been taken to ensure that all the connected matters were
taken up together for effective adjudication,” the judgement pointed
out
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Last Modified:
Sunday, 23-Dec-2012 23:29:53 EST
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