Court of Appeal rules in favour of Mohan Daya
Venkat Raman
Auckland, May 4, 2024
A long battle relating to the custody of the Auckland-based Yogi Divine Society of New Zealand (YDSNZ) and its assets has been ruled by the Court of Appeal in favour of Mohan Daya, the Respondent.
On April 30, 2024, a three-member bench comprising Judges Glazebrook, Ellen France and Miller JJ rejected the application filed by Ashok Rohit contending that the claim of Premswaroop Das to the YDSNZ and its assets as the successor of Hariprasad Swamiji after his passing on July 26, 2021. The Court of Appeal concurred with the judgement pronounced earlier by the High Court.
The claim and Counter-Claim
The essence of the case is that following the demise of Hariprasad Swamiji of the Swaminarayan Temple of Sokhda, Gujarat, India, Premswaroop Das was appointed as the Head and that he sought to take over the YDSNZ.
However, the Members of the YDSNZ had at their Special General Meeting overwhelmingly voted (364 out of 390 members) in favour of Mr Daya and his Executive Committee stating that they had the legal right over the Society in New Zealand.
In their verdict, the Judges of the Court of Appeal noted that the applicant (Mr Rohit) claimed that as the new President of the Indian Trust, Sadhu Premswaroop Das had the power to appoint the officers of YDSNZ. Sadhu Premswaroop Das is said to have exercised that power, appointing the applicant and others as officers of YDSNZ and removing the existing officers.
The applicant had contended that subsequent amendments to YDSNZ’s constitution, which had the effect of ensuring that members control the appointment of its officers, were invalid, essentially for process reasons relating to the convening of the special general meeting at which they were adopted.
Validity of amendments upheld
The High Court and Court of Appeal held that the applicant had failed to show Sadhu Premswaroop Das had succeeded to the powers formerly held by Swami Hariprasad Swamiji.
“That meant the appointments Sadhu Premswaroop Das made were invalid. Both Courts also concluded the amendments to YDSNZ’s constitution were validly approved by its members. The proposed appeal is particular to the parties and the YDSNZ constitution. It raises no issue of general or public importance. Nor does it appear that there may have been a substantial miscarriage of justice,” the Court of Appeal judges said in their verdict.
The Judges also said that nothing prevents the members of the YDSNZ from changing their Constitution, irrespective of whether Sadhu Premswaroop Das was appointed of the Indian Trust or otherwise. The amendments ensure that the YDSNZ will remain under the control of its members and do not preclude any member from following the spiritual leadership of Sadhu Premswaroop Das.
The Court of Appeal also said that the application for leave to appeal was out of time and dismissed the application for the extension of time for appeal saying that no injustice had been caused.
The applicant was ordered to pay the respondent (Mr Daya) $2500.00.
About Yogi Divine Society Worldwide
Established by Hariprasad Swamiji Maharaj in 1974 at Haridham Sokhada Village near the Vadodara District of the Western Indian State of Gujarat, the Yogi Divine Society is a not-for-profit organisation with Lord Swaminarayan as its Saint, and Divine and Supreme Master. It works for the upliftment of all human beings, following the vision of spirituality of its Founder, who advocated ‘Atmiyata,’ described as spiritual harmony that ‘transcends stubbornness, resentment and sense of self.’
He visited Auckland in February 2008 and 2012 (Indian Newslink, March 1, 2008 and 2012).
A multi-million dollar, multi-purpose Centre of the Yogi Divine Society is currently under construction in West Auckland.
The Atmiya Youth Cultural Centre, inspired by Hariprasad Swamiji has adopted the following as its pillars: Unconditional Service (Seva), Rich Hindu Culture (Sanskruti), Spiritual Harmony (Atmiyata), Resolute Spiritual Faith (Nishtha), A Temple for generations to come, Practicing the principles of Indian heritage, Supporting young minds with career and life goals, A place to blossom inner Strengths and Happiness, A path of self-realisation through selfless services to humanity, Engaging in community enrichment programmes, Nurturing families through Spiritual Harmony (Atmiyata), Easy access for senior citizens, Teaching moral and spiritual values to youths and Classrooms for cultural learning music, language, dance, yoga and other activities.
About Mohan Daya
The Yogi Divine Society New Zealand (YDSNZ) was established in 2001 by Mohan Daya, a notable community worker and former businessman.
Members of the Organisation say that he has inspired hundreds of young people to serve the growing community in Auckland.
Young Coordinator Nick Patel said that Mr Daya has been serving the greater New Zealand society in many ways, the most significant of which is to cater to the spiritual, social, psychological and many philanthropic needs of New Zealand society.
“Our Yogi Divine Society has been serving the community through weekly assemblies for youths, elders, the disadvantaged and many families across New Zealand. YDSNZ has been regularly undertaking relief work for the betterment of humankind, including blood donation camps and disaster relief such as food distribution,” he said.
A descendant of early settlers in New Zealand, Mr Daya has been a prominent member of the Indian community for more than 60 years. He was associated with the establishment of the Bharatiya Mandir in Sandringham, Auckland (1986), the Radha Krishna Temple, the Mahatma Gandhi Centre (of the Auckland Indian Association) and various other charitable and community groups.
“Mr Daya has been instrumental in the growth of the membership and activities of YDSNZ. He has been working tirelessly to establish the Youth Cultural Centre in Henderson, West Auckland, a dream project of Hariprasad Swamiji. He has fought several problems and challenges over the years,” Mr Patel said.
