Purani Swami Dharmanandan Dasji v Daveen Mavji Bhudia & Ors

Purani Swami Dharmanandan Dasji v Daveen Mavji Bhudia & Ors

It is expedient in the interests of the charity and its objects to make a comprehensive scheme amending the constitution, clarifying governance, membership, appointment and removal of directors, and the role of the Mahant Swami, with primary powers of appointment and removal of directors and constitutional amendment vested in the membership (subject to Mahant Swami’s consent), and with appropriate procedural safeguards, as this approach balances the intentions of the founders with the practical needs and sustainability of the charity.

Parties
Claimant: Purani Swami Dharmanandan Dasji; 1st Defendant: Daveen Mavji Bhudia; 2nd Defendant: Hari Jadavji Halai; 3rd Defendant: Jadavji Ramji Hirani; 4th Defendant: Manji Jina Hirani; 5th Defendant: Naran Harji Gami; 6th Defendant: Devshi Dayalal Gami; 7th Defendant: Punit G Patel; 8th Defendant: Lalji Mawji Vekaria; 9th Defendant: Jitendra Manji Vekaria; 10th Defendant: Mansukh Mawji Vekaria; 11th Defendant: Prakash Manji Vekaria; 12th Defendant: Khimji Ramji Patel; 13th Defendant: Mitesh Bhimji Patel; 14th Defendant: Parbat Kanji Varsani; 15th Defendant: His Majesty’s Attorney General
Jurisdiction
England and Wales
Judgment Date
03 March 2026
Procedural Posture
Charity Scheme Approval (part 8 Claim) / Judgment After Trial
Outcome
Scheme granted; comprehensive redrafting of the charity’s constitution ordered in accordance with the court’s directions.
Legal Topics
Charity Scheme, Constitutional Amendment, Governance of Unincorporated Associations, Role of Religious Leaders in Charities, Membership Rights, Appointment and Removal of Trustees, Dissolution of Charity, Jurisdiction of English Courts Over Charities
Charity Law Trusts and Estates Charity Scheme Constitutional Amendment Governance of Unincorporated Associations Role of Religious Leaders in Charities Membership Rights Appointment and Removal of Trustees +2 more

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Parties

Purani Swami Dharmanandan Dasji

Claimant

Daveen Mavji Bhudia

1st Defendant

Hari Jadavji Halai

2nd Defendant

Jadavji Ramji Hirani

3rd Defendant

Manji Jina Hirani

4th Defendant

Naran Harji Gami

5th Defendant

Devshi Dayalal Gami

6th Defendant

Punit G Patel

7th Defendant

Lalji Mawji Vekaria

8th Defendant

Jitendra Manji Vekaria

9th Defendant

Mansukh Mawji Vekaria

10th Defendant

Prakash Manji Vekaria

11th Defendant

Khimji Ramji Patel

12th Defendant

Mitesh Bhimji Patel

13th Defendant

Parbat Kanji Varsani

14th Defendant

His Majesty’s Attorney General

15th Defendant

Procedural Posture

Charity Scheme Approval (part 8 Claim) / Judgment After Trial

Legal Issues

  1. 1 Whether a scheme should be made to amend the constitution of the charity
  2. 2 What rights and powers should be vested in the Mahant Swami, the Board, and the membership
  3. 3 How directors/trustees should be appointed and removed

Ratio Decidendi

It is expedient in the interests of the charity and its objects to make a comprehensive scheme amending the constitution, clarifying governance, membership, appointment and removal of directors, and the role of the Mahant Swami, with primary powers of appointment and removal of directors and constitutional amendment vested in the membership (subject to Mahant Swami’s consent), and with appropriate procedural safeguards, as this approach balances the intentions of the founders with the practical needs and sustainability of the charity.

Court Disposition

Scheme granted; comprehensive redrafting of the charity’s constitution ordered in accordance with the court’s directions.

Orders

  • Claimant to draft a scheme reflecting the court’s directions for a new constitution.
  • Initial Appointed Directors to be Devshi Dayalal Gami, Naran Harji Gami, Khimji Ramji Patel, and Lalji Mawji Vekaria, pending AGM.