HIDAYATKHAN BISMILLAKHAN PATHAN Vs. VAIJNATH

JUDGEMENT

(1.) Leave granted.

(2.) Marathwada Sarvodya Shikshan Prasarak Mandal is a public Trust registered under the Bombay Public Trust Act, 1950 (hereinafter called, for the sake of brevity, 'the Act') as also the Societies Registration Act, 1850. Its office is situated at Partur, District Jalna in the State of Maharashtra. It was created inter alia for the purpose of imparting education to the children of the rural area. The constitution of the Trust provides for 15 life members out of which 13 would be the ex officio members of the Executive Committee and the other two would be the co-opted members from amongst the General Members elected by the majority of the life members of the Executive Committee which is an elected body. The tenure of the elected body is five years. Members of the Managing Committee were elected in an election held on 30th June, 1996. However, before expiry of its term of five years, respondent No. 1 submitted his resignation on 31st December, 1999. A change report to that effect was filed and approved by the Competent Authority under the Act.

(3.) Fresh elections took place on or about 26th June, 2001. The term of the said Committee expired in 2006. Again elections were held in the year 2006. However, after the elections were held in 2001, a change report had been submitted. It was accepted by the Assistant Charity Commissioner, Jalna on 5th August, 2002. It is stated that about 82 meetings were held thereafter and the first respondent participated in almost all of them. He had, thus, accepted the election of the second respondent, Babasaheb Akat, as the President of the Trust.