High Court of Gujarat

JIGNESH HIMMATLAL KARIYAversusSTATE OF GUJARAT

Disposal: 56-DISPOSED AT ADMISSION STAGE
Bench: L ODEDRA

Holding

The Court modified paragraph No.3 to allow the Joint Charity Commissioner to scrutinise applications received by 15‑05‑2026 and to conduct the election of the ten members whose terms ended on 31‑03‑2026, with neutral individuals appointed as proposed.

Summary

The petitioner, Jignesh Himmatlal Kariya, sought modification of paragraph No.3 of an earlier judgment concerning the election of members to the Executive Committee of the Chamber of Commerce, Porbandar. Both the petitioner and the private respondents agreed that the Joint Charity Commissioner, Rajkot, should scrutinise membership applications received by 15‑05‑2026 and, thereafter, induct eligible individuals as members. They also proposed that the scrutiny be carried out by two neutral persons appointed by the Commissioner, with one representative each from the petitioner and the private respondents. The Court modified the direction accordingly, clarified that the election would be limited to the ten Executive Committee members whose terms ended on 31‑03‑2026, and left the remaining directions unchanged. The petition was disposed of on these terms.

Issues considered

Can the direction at paragraph No.3 of the impugned judgment be modified by mutual consent of the parties?
Should the election be restricted to the ten Executive Committee members whose terms concluded on 31‑03‑2026?

Subjects

Chamber of CommerceExecutive Committee electionJoint Charity Commissionermodification of court directionpetition disposed

Judgment

      C/SCA/7557/2026                                            ORDER DATED: 25/05/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
              R/SPECIAL CIVIL APPLICATION NO. 7557 of 2026
================================================================
                           JIGNESH HIMMATLAL KARIYA
                                     Versus
                            STATE OF GUJARAT & ORS.
================================================================
Appearance:
MR VIRAT G POPAT(3710) for the Petitioner(s) No. 1
TIRTH N BHATT(8487) for the Petitioner(s) No. 1
MR GH VIRK with MS DHARITRI PANCHAL with MR JAY BAROT, AGP for
Respondent(s) No.1, 12
MR MRUGEN PUROHIT, ADV for MR ASIT B JOSHI(2567) for the
Respondent(s) No. 4
================================================================
 CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA

                                   Date : 25/05/2026
                                    ORAL ORDER

1.     After hearing the arguments of learned advocates

for the petitioner, the respondents including the private

respondents at length, the parties viz, the petitioner and

the private respondents have come to a consensus and

have urged that the direction at paragraph No.3 of the

operative portion of the impugned judgment be modified.
They       have          submitted        that          if   the      Joint       Charity

Commissioner,              Rajkot       will     conduct           scrutiny       of       the

membership applications, preferred by desirous candidates

for    the       induction         in     the          Chamber        of     Commerce,

Porbandar,              provided        they     have        been          received        by

15.05.2026,             and    thereafter,              induct       such        desirous

individuals as members of the Chamber of Commerce,

Porbandar, the petitioner and the private respondents

would not have any objection. The petitioner and the


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       C/SCA/7557/2026                                                  ORDER DATED: 25/05/2026




private respondents have urged that the said exercise be

conducted by two neutral individuals appointed by the

Joint Charity Commissioner with additional members, one

each from the side of the petitioner and the private

respondent, (aggregating to two), to which the parties,

i.e. the petitioner and private respondents would not

have any objection. Accordingly, the said direction at

paragraph                No.3        of     the      impugned             judgment            stands

modified           to     the       aforesaid          extent.         The        petitioner          is

permitted to tender an affidavit, indicating the express

concurrence of the petitioner to the aforesaid consensus

given at bar.

2.       The remaining directions issued under the impugned

order shall remain intact, subject to the clarification that
the       election         shall       only       be      of     the      10      members             of

Executive           Committee             whose         terms        have        concluded           on

31.03.2026.


3.       The petition stands disposed of in the aforesaid

terms.


                                                                                (J. L. ODEDRA, J)


Manoj Kumar Rai

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 25/05/2026 17:32:57

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