Alienation of Missionís Properties AND Shifting of Missionís Headquarters CA Shubh Chintak Kishore

Posted On Thursday, October 25, 2012 | 8:17:51 PM

Alienation of Mission’s Properties 
Shifting of Mission’s Headquarters 
CA Shubh Chintak Kishore 
I have been bringing certain basic facts leading to the appointment of Parthasarthi 
Rajagopalachari as time gap President of Shri Ram Chandra Mission, Shahjahanpur, by the 
learned courts.  The Supreme Court Bench consisting of the Hon’ble Chief Justice and two 
other Hon’ble Justices in their   order dated 27.09.1985 on the SLP state :  
“ ………..the respondent  undertake to this court that they will not  
alienate or dispose of any part of the property belonging to the Mission 
nor shift the Headquarters of the Mission from Shahjahanpur to any other 
place ……….”  [ SPL – (Civil) No. 7773 of 1985 ] 
In another appeal to the Supreme Court, the Bench consisting of two Hon’ble Justices 
while reciting in their order dated 29.04.2008 the background facts of the case in appeal 
stated : 
“……….SLP filed against the order of High Court was dismissed by this 
court on 27.09.1985.  The suit was subsequently withdrawn on 10.07.1997 
on giving an undertaking not to alienate and not to shift the headquarters…….”…….  ………..  [Appeal (Civil) 6619 of 2000 ]   
The two facts which, in my view, emerge from the above mentioned excerpts from the 
judgement of the Supreme Court are :  
1. That Parthasarth Rajagopalachari is only a time gap President that 
is why certain restrictions were placed upon him,   as per the 
decisions of the learned courts -, because no society can remain 
headless.  But such a President will not be able to nominate any 
successor and if the same earlier circumstances continue, courts 
will again appoint a new person.  However, the Mission’s Byelaws and Constitution will have pre-dominance in the matter 
under the law,  as held out by the Supreme Court . 2. That Parthasarthi & ORS have given  solemn undertaking to the 
Supreme Court not to alienate the property of the Mission  
In view of the above facts, the members of the Mission have to take the view whether or 
not creation of various private trusts like “Babuji Memorial”,  “Sahaj Mag Trust”, etc., 
were necessary and whether or not these amount to  alienation of Mission’s property to 
various trusts.  Further, whether not filing the annual returns with the Registrar of 
Societies at Bareilly and also not filing the annual income-tax returns of the Mission with 
the ITO at Bareilly, all these years as was being done by Rev. Babuji in His times, is 
contrary to the solemn undertaking given by P. Rajagopalachari to the Apex Court of the 
country, or not. 
May God give him wisdom to own and honour his own words to maintain the dignity of 
the office of the President of the Mission, which he is holding presently by orders of the 
learned courts of the country. 
 October 2012          Amen 

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